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: 236
  • 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

  • Staff at a Scottish clinical waste disposal firm are facing financial hardship as an ongoing contested insolvency action means that redundancy payments are being delayed. Staff at Dundee-based Healthcare Environmental Services (HES) have been caught up in a recent controversy following revelations that the business had been stockpiling human waste and body parts. The revelations resulted in the termination of a significant number of NHS contracts with HES, followed by the firms 100+ staff being given employment termination notices. HES’s management team, headed by MD Garry Pettigrew, are continuing to contest the insolvency process and find a buyer for the company, meaning that any redundancy payments to staff will not be made until the insolvency process is completed. HES staff have arranged a meeting with Dundee East MSP Shona Robison on Monday afternoon and are trying to rally support from... Read More

  • Sometimes, even an established professional such as a lawyer or solicitor can make a mistake that directly affects you or your business. Mistakes, whilst thankfully not that common in the UK, can mean that a wide range of claims may fail, contracts become invalid and you or your business are left picking up the pieces with the likely financial consequences that this entails. If you have had a problem with your solicitor and you would like to find out more about making a claim for compensation, there are 4 main factors to consider: Read More

  • In what is widely considered to be one of the largest claims in British legal history, a joint UU/US firm has filed a complaint at Liverpool High Court seeking £5bn in compensation for victims of an environmental catastrophe in Brazil. The law firm filing the complaint, SGP Law, is a new entrant to the UK legal scene and is comprised of a partnership between both UK and US Lawyers. SGP is representing 240,000 claimants, all of whom are alleged victims of the Sanmarco dam collapse in 2015, in which 19 people were killed and hundreds more were permanently displaced. The claim for £5bn is against mining company BHP Billiton has been filed in a UK Court as the legal action is more likely to be able to progress more quickly than if the claim was filed in Brazil. BHP Billiton is... Read More