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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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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