header-logo header-logo

02 December 2016 / Jonathan Harris KC
Issue: 7725 / Categories: Features , Brexit , Procedure & practice , EU , Profession
printer mail-detail

Brexit & cross-border dispute resolution

Will the English courts still be top choice post-Brexit, asks Jonathan Harris QC

  • It is unlikely that the reputation and attractiveness of litigating in the English courts will disappear post-Brexit.

Amid the myriad legal issues and uncertainties generated by Brexit, a key question is how the litigation market in England, and the supremacy that London enjoys as a centre for cross-border dispute resolution, might be affected. The recent government announcement that EU laws will, wherever possible, be enacted into domestic law pending further review might assuage that uncertainty, at least in the medium term. That exercise is not, however, as straightforward as it might appear, particularly where reciprocity with member states is required to render EU laws effective.

The landscape of English civil litigation is unrecognisable from that which existed in 1972 prior to the UK joining the then-EEC. In large measure, there is now a set of harmonised EU rules for cross-border dispute resolution. For instance, there are harmonised rules on jurisdiction, enforcement of judgments, choice of law

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll