Lord Thomas confident UK’s dispute resolution will weather Brexit

Lord Thomas of Cwmgiedd
Lord Thomas of Cwmgiedd

The Lord Chief Justice has highlighted the “major advantages” of English law and dispute resolution in the UK, The Law Society Gazette reports.

Speaking at the Cardiff Civil Justice Centre yesterday, Lord Thomas of Cwmgiedd said litigation and arbitration in the UK were cost effective.

“Whilst not cheap, the overall cost of UK international dispute resolution compares favourably with costs elsewhere,” he added.

“All fees can be competitively negotiated. Parties have autonomy in the conduct of business litigation. Significant cost/benefit advantages can be achieved by adapting court procedures to meet the particular requirements of the case; for example, by reducing the scope of disclosure. In addition, judges are proactive in preventing unnecessary cost escalation by appropriate case management direction.”

Lord Thomas also commented on the enforceability of judgments in the EU following Brexit, reminding those present that the EU is a signatory to the Hague Convention on Choice of Court Agreements and that the UK can become a signatory once it leaves the EU.

He said: “The Hague Convention requires other courts to dismiss proceedings to which a choice of court agreement applies, save in narrowly defined circumstances. Parties who agree to resolve their disputes before the UK courts can rest assured that the resulting judgment will be given effect throughout the EU, as previously.”

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