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20 April 2018 / Julian Acratopulo
Issue: 7789 / Categories: Opinion , Brexit
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Litigation futures

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Uncertainty remains regarding the impact of Brexit on London’s legal community, as Julian Acratopulo explains

Notwithstanding that the 12 month countdown to 29 March 2019 has begun, uncertainty remains regarding the impact of Brexit on London’s legal community.

Perhaps of most immediate concern to London’s litigators is the uncertainty around jurisdiction and recognition and enforcement post-Brexit. This is because recognition of the jurisdiction of the English courts and the enforcement of its judgments in Europe currently depend primarily on the Brussels I Recast Regulation. The most recent draft of the European Commission Withdrawal Agreement, published on 19 March 2018, shows that EU and UK negotiators cannot yet agree on even the policy objectives in this area, let alone the detailed practicalities. Nine months on, this lack of progress does not sit comfortably with the plea made by Lord Thomas in July 2017 in his Mansion House speech to the judiciary for ‘urgent clarification’ and the ‘clearest commitment’ by the UK’s government on these issues. The likelihood of a transition deal and the government’s commitment to joining the

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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