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

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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