Supreme Court Justice Lord Briggs has offered words of reassurance on the future status of English common law post-Brexit, in a speech published this week. Addressing the P.R.I.M.E. Finance conference in the Netherlands last month, Lord Briggs said: ‘If a main reason for choosing English law is its relative predictability and certainty compared with civil law, then detachment from EU law, which is currently a development from mainly civil systems, ought to fortify those perceived advantages.’ He also suggested arbitration may benefit from Brexit because ‘arbitration awards carry no stamp of origin in any particular national justice system’.
01 March 2018
Briggs on Brexit
MOVERS & SHAKERS
Freeths—Rachel Crosier
Projects and rail practices strengthened by director hire in London
DWF—Stephen Hickling
Real estate team in Birmingham welcomes back returning partner
Ward Hadaway—44 appointments
Firm invests in national growth with 44 appointments across five offices
NEWS
Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
The Serious Fraud Office (SFO) has narrowly preserved a key weapon in its anti-corruption arsenal. In this week's NLJ, Jonathan Fisher KC of Red Lion Chambers examines Guralp Systems Ltd v SFO, in which the High Court ruled that a deferred prosecution agreement (DPA) remained in force despite the company’s failure to disgorge £2m by the stated deadline
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’
Refusing ADR is risky—but not always fatal. Writing in NLJ this week, Masood Ahmed and Sanjay Dave Singh of the University of Leicester analyse Assensus Ltd v Wirsol Energy Ltd: despite repeated invitations to mediate, the defendant stood firm, made a £100,000 Part 36 offer and was ultimately ‘wholly vindicated’ at trial
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