Objection! Why the EU Opposes the UK’s Plans for Cross-Channel Litigation

Summary:

London is a hub for resolving cross-border disputes. English law and courts have traditionally been favoured by companies in international commercial contracts. Approximately 75 per cent of the UK’s commercial court cases involve at least one foreign party or relate to property or events outside the UK; in 2015, nearly half of those cases involved solely foreign parties. Britain’s membership of the EU helped boost this trend, as multinational companies could immediately enforce rulings from English courts all across the EU. As a result, the UK’s legal profession enjoyed significant business. However, litigation in UK courts has become less attractive to EU businesses and nationals after Brexit, because it is less straightforward to enforce UK court judgments in the EU. The UK wishes to protect Britain’s large commercial law firms by addressing this situation; the EU sees no reason to provide unnecessary benefits to the UK. Rather than bicker about providing more business for British lawyers, the EU and UK ought to co-operate to protect their nationals – such as those dealing with cross-border family law and employment disputes – who will be hardest hit by these changes.

• Alternative Source 1