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16 December 2016 / Dr Pippa Rogerson
Issue: 7727 / Categories: Features , Brexit , EU
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Litigation post-Brexit

After Brexit: is international commercial litigation in London doomed? Pippa Rogerson examines the evidence

  • Unfounded predictions of decline of the Commercial Court.
  • Common law rules on jurisdiction and enforcement should be extended to cover all cases and Brussels I Regulation Recast should not be replicated in English law.
  • Hague Conference must be joined and the Convention on Choice of Court Agreements ratified.
  • Rome I Regulation on choice of law should be replicated in English law.

Post-Brexit will English jurisdiction agreements and English choice of law clauses be less effective? Continental commentators have suggested the demise of the English commercial court as international commercial litigation will move to Europe. In the short term, the UK government has to decide whether to replicate the existing private international law instruments in English law. In the longer run, it will have to decide whether to negotiate with the EU for common rules on the jurisdiction and enforcement of judgments.

I do not believe many of the concerns are well founded. True, the UK will become a third state once it leaves the EU and that has unwelcome consequences

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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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