header-logo header-logo

Brexit & cross-border dispute resolution

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

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll