header-logo header-logo

20 April 2018 / Julian Acratopulo
Issue: 7789 / Categories: Opinion , Brexit
printer mail-detail

Litigation futures

nlj_7789_acratopulo

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 Hague Convention in the UK’s own right offer some comfort.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll