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Litigation post-Brexit

02 December 2016
Issue: 7725 / Categories: Legal News
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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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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