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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

Winckworth Sherwood—Charlotte Coleman & Qaisar Sheikh

Winckworth Sherwood—Charlotte Coleman & Qaisar Sheikh

Two promoted to partner in property litigation and education teams

Dorsey & Whitney LLP—Peter Knust

Dorsey & Whitney LLP—Peter Knust

Cross-border finance and restructuring specialist joins as of counsel in London

Powell Gilbert—Callum Beamish-Lacey

Powell Gilbert—Callum Beamish-Lacey

IP firm promotes litigator to partnership

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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