Lord Neuberger looked at historic decisions taken by senior UK courts relating to cross-border insolvency disputes in an address at the International Insolvency Institute’s Annual Conference in London yesterday.
In a comment on the common law, Lord Neuberger states: “There is a great deal to be said for letting judges develop the law on a case-by-case basis, in that it relies on experience and incrementalism and it should be flexible and responsive. But such a system has its drawbacks, particularly in an age when detailed laws and regulations are thought to be appropriate in many areas. At least as a matter of theory, this should not present problems, because detailed rules and regulations should be in legislation, and the legislature can legislate as it considers appropriate, including legislating into our law international treaties negotiated by the government. And in any area where Parliament has legislated, the law-making, as opposed to law-interpreting, function of the common law judge is displaced.”