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02 December 2016
Issue: 7725 / Categories: Legal News
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Litigation post-Brexit

London’s reputation as a leading centre for cross-border dispute resolution has been thrown into question by Brexit.

The government’s pledge to enact EU law into domestic law pending further review has reduced some of the uncertainty. However, this exercise is not as straightforward as it seems, particularly where reciprocity with member states is required to render EU laws effective, Jonathan Harris QC, Serle Court, writes in NLJ this week.

Harris says the two key ingredients are the ability to choose English courts as the forum and the ability to choose English law to govern contractual and non-contractual relationships between parties. Both of these are “almost entirely regulated by European regulations”. He argues that both are likely to be preserved in a post-Brexit era. Moreover, he points out that parties choose the English courts for the quality of its lawyers, the independence of its judiciary, and the procedural and substantive rules of English law—none of which will be affected by Brexit.

Issue: 7725 / Categories: Legal News
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MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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