Call us today0800 160 1298
 
 

Advantage Litigation

Welcome to Advantage Litigation Services. We provide affordable access to commercial litigation.

  • Home
    Home This is where you can find all the blog posts throughout the site.
  • Categories
    Categories Displays a list of categories from this blog.
  • Tags
    Tags Displays a list of tags that have been used in the blog.
  • Bloggers
    Bloggers Search for your favorite blogger from this site.
  • Team Blogs
    Team Blogs Find your favorite team blogs here.
  • Login
    Login Login form

Brexit uncertainties starting to impact on UK contract dispute litigation

Posted by on in Uncategorized
  • Font size: Larger Smaller
  • Hits: 686
  • Subscribe to this entry
  • Print

Amongst the current turmoil surrounding the UK’s exit from the European Union, a recent survey on commercial legal services behaviour by Thomson Reuters adds to the litany of negative news emanating from all parts of UK society.

Due to ongoing concerns and uncertainty over the UK’s role in the regime for mutual recognition of court judgments with the EU, a “substantial minority of businesses” changing from having their contractual disputes heard in the UK to being heard in EU courts. The survey respondents indicated that their business includes contracts with an international component, with 40% stating that over half of their business was international in nature.

Around 35% of businesses surveyed said they have already changed jurisdiction and choice of law clauses so that any disputes are heard in non-UK courts. 51% of those surveyed have opted for disputes to be dealt with in EU courts, in particular in Germany or France. Of the businesses that have not yet made changes to their contracts, 39% said they will review the situation if there was no significant and meaningful progress on mutual recognition of court decisions before the currently schedules ‘Brexit month’ of March 2019.

In addition, 20% of businesses said that they would consider at arbitration in more detail instead of a different jurisdiction for litigation. The survey said:

The number of businesses conducting a contract review may increase even further in the lead up to March 2019 if no progress is made in negotiations…many businesses may be adopting a ‘wait and see’ approach for now before deciding on whether to review contracts nearer the time”

It continued:

On 3 July 2018, ISDA (International Securities and Derivatives Association) announced that it had introduced Irish and French law versions of the ISDA Master Agreement to offer its EU/EEA members both common law and civil law solutions to address this risk associated with its English law version.”

Jim Leason, VP of Market Development and Strategy at Thomson Reuters Legal, said:

The fact that a third of businesses are revising dispute resolution clauses away from the English courts should be a concern for the UK’s legal profession…it is this initial selection in a contract that drives an entire industry of legal advice that supports transactional work, ongoing contract management and dispute resolution. If nothing concrete comes from Brexit negotiations soon or if there is a no-deal Brexit scenario, then more and more businesses will consider taking legal disputes elsewhere.”

If you are thinking about taking legal action against another individual or company but are worried about the costs involved, Advantage Litigation Services have the skills and expertise to help you find a way of funding commercial litigation without risking your personal finances or those of your business. Click here to contact us today or call 0800 160 1298 to see how we can help.

Get in touch

  1. Your Name(*)
    Please let us know your name.
  2. Your Email(*)
    Please let us know your email address.
  3. Company Name(*)
    Please write a subject for your message.
  4. Your Phone Number
    Invalid Input
  5. Message(*)
    Please let us know your message.
  6. Anti-Spam, please enter the characters shown
    Anti-Spam, please enter the characters shown
    Invalid Input

Latest News

  • A recent independent report by London-based litigation analytics specialists Solomonic has highlighted a fall in the number of litigation actions taking place in the UK’s commercial courts, following steady growth in the preceding five previous years. The commercial courts had fast become the court of choice for litigants from Europe and farther afield, but the dual impacts of undecided post-Brexit legislation and the more recent Coronavirus Covid-19 pandemic has seen litigants seek alternative jurisdictions. The Solomonics report indicates that between April 2019 and March 2020, 198 cases were heard in London’s commercial courts, a 9% decline compared to the previous year. Litigants from EU countries formed 13.6% of all litigants, down from 16.5% two years ago. In contrast, statistics compiled by litigation consultants Portland show that the number of litigants from Singapore and Kazakhstan has risen almost 200% since 2018/19. UK... Read More

  • Global tech giant Apple is likely to face a group-action claim over multiple problems and failures of the displays on its popular MacBook Pro range. Apple, one of the ‘big 5’ global technology companies and the first US company to be valued at over $1 trillion, is the defendant in a complaint filed in a California district court that alleges a number of breaches of state and federal consumer protection laws, in addition to fraudulent concealment. Lead claimant Mahan Taleshpour is suing Apple on behalf of American consumers who have purchased a MacBook Pro from the model years of 2016 to date. Taleshpour claims that Apple was aware of - and decided to cover up - a design defect in the connection cable between the MacBook Pro's base and display. It is alleged that this manufacturing defect results in the cable... Read More

  • The ongoing coronavirus Covid-19 crisis continues to impact on UK civil litigation hearings with a recent High Court decision meaning that the largest ever class action claim can proceed remotely. Whilst such remote hearings may be seen as a means to an end during the current lockdown conditions, once such hearings become the ‘new normal’, the impact on how civil litigation claims are conducted is likely to be huge. Read More