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27 July 2017
Issue: 7756 / Categories: Legal News , Brexit
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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
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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

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A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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