header-logo header-logo

Brexit & currency flip-flops in court

16 February 2017 / Francis Kendall
Issue: 7735 / Categories: Features , Brexit , Procedure & practice , EU , Costs , Budgeting
printer mail-detail

Francis Kendall considers the impact of the falling pound on costs awards to European litigants

    • Successful overseas parties may well try their arm in UK courts as Brexit uncertainty continues.

    Here’s something that voters somehow overlooked when casting their ballots in the EU referendum last year: the impact the subsequently falling pound would have on costs awards to European litigants.

    It’s impossible to say whether this could have tipped the balance in favour of remain, and it is equally difficult to predict what the courts are going to do about it.

    This novel issue has come up twice in the High Court in the last couple of months, and unhelpfully the judges have gone in different directions.

    Elkamet

    In Elkamet Kunststofftechnik GmbH v Saint-Gobain Glass France S.A. [2016] EWHC 3421 (Pat)—involving a successful German claimant—the court was asked to make an additional costs order due to the decline in the

    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: Bridget Tatham, Forum of Insurance Lawyers

    NLJ Career Profile: Bridget Tatham, Forum of Insurance Lawyers

    Bridget Tatham, partner at Browne Jacobson and 2026 president of the Forum of Insurance Lawyers, highlights the importance of hard work, ambition and seizing opportunities

    Gibson Dunn—London partner promotions

    Gibson Dunn—London partner promotions

    Firm grows international bench with expanded UK partner class

    Shakespeare Martineau—six appointments

    Shakespeare Martineau—six appointments

    Firm makes major statement in the capital with strategic growth at The Shard

    NEWS
    One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
    The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
    Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
    Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
    Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
    back-to-top-scroll