Litigator’s concerns on Brexit

Brexit potentially poses a great threat to litigation lawyers, according to Ed Crosse, the President of the London Solicitors Litigation Association (LSLA).

Speaking at the LSLA annual dinner this week, Crosse, a partner at Simmons & Simmons, warned guests of the potential disruption Brexit will have on jurisdiction and enforcement arrangements under the Brussels regime. He said lawyers have genuine concerns about the potential loss of regulations, such as the Recast Brussels Regulation, which contains a uniform set of rules to govern issues including jurisdiction and enforcement across the EU. Unless these are safeguarded in the EU exit negotiations, London’s status as an international hub for litigation could be affected.

The LSLA has put together a raft of proposals for the government, identifying ways to minimise the threat.

“I readily accept that, although the legal steps required to replicate EU regulations on jurisdiction and enforcement are clear, the political landscape may be challenging and uncertain, particularly if the UK government is minded to pursue the UK’s exit from the Single Market,” Crosse said.

“But if our government fails to take some basic steps to maintain the status quo, which it can readily do, such as ensuring that the UK re-signs up to the Hague Convention on Choice of Court Agreements, we can reasonably expect that to impact on the volume of international disputes that are referred to the Courts of England and Wales for resolution in the future.”

Crosse also called for an overhaul of the civil courts in England and Wales, and praised the work of the LSLA’s keynote speaker, Lord Justice Briggs.

Briggs LJ’s proposals to reform, modernise and improve the efficiency of the civil courts have been well received by the legal profession, said Crosse. 

“The reform ideas are essential if we are to ensure that our courts maintain their position as the internationally preferred forum for resolving complex, high value business disputes,” he said.

“There is increasing competition from overseas and other tribunals, particularly in light of the Brexit vote, and we cannot afford to stand still.”

He praised Briggs LJ’s “extraordinary achievement” in producing such a comprehensive and well-received set of recommendations in so short period of time.