header-logo header-logo

27 July 2017
Issue: 7756 / Categories: Legal News , Brexit
printer mail-detail

Brexit fears on litigation

Practitioners are concerned about the impact of Brexit on the global reputation of English law, according to the 2017 NLJ/LSLA Litigation Trends Survey 

Some 38% of respondents to the annual survey fear that other jurisdictions such as Germany and Singapore could benefit at the English and Welsh courts’ expense. They also worry about its impact on forum, choice of law and enforcement of judgments. 

Writing in NLJ this week, Ed Crosse, LSLA president, says: ‘The uniform rules under the Recast Regulation, which the UK did so much to shape, will fall away in March 2019, leaving such issues to be determined at the discretion of member state courts or on a common-law basis in the UK.

‘This is potentially a huge problem for England and Wales as a litigation hub.’

However, Crosse says there are ‘obvious steps’ that the UK government can take to avoid this outcome. It could sign up again to the Hague Convention on Choice of Court Agreements, without the need for EU consent, or seek the EU’s agreement to allow us to sign up again to the Recast Regulation by way of international treaty, as Denmark has done.

Crosse says: ‘An early statement from the UK government that it intends to pursue such measures is essential to provide reassurance to commercial parties.

‘The longer the UK’s position remains unclear, the more likely it is that clients will start to vote with their feet by choosing alternative jurisdictions, courts and tribunals to resolve their commercial disputes.’

The survey uncovers concerns about disclosure—more than 70% of respondents think the current disclosure regime is ineffective in controlling the burden and costs involved in the process.

More than half the respondents say there is insufficient engagement between parties before the first case management conference.

And two-thirds of respondents oppose fixed costs for commercial cases below the value of £250,000. Crosse says: ‘Imposing cost budgeting or caps will not change the actual costs that have to be incurred, only their recoverability, and that in turn may result in meritorious claims not being pursued at all.’

Issue: 7756 / Categories: Legal News , Brexit
printer mail-details

MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
back-to-top-scroll