Cross-Border Litigation: New Data, Initial Brexit Implications in England and Wales and Long-Term Policy Choices

Abstract

The UK decision to leave the European Union could directly (or indirectly) impact on the legal landscape in relation to private international law (‘PIL’) in the UK. Any fresh legal uncertainty driven by such a change in the PIL framework could have significant impact on private parties’ access to remedies which might adversely affect the attractiveness of the English courts. This article offers, on the basis of recent data which was gathered as part of a pilot study in the period from May to September 2018, an initial evaluation of the Brexit impact on litigants’ access to legal remedies in cross-border case before the English courts. It shows that a decision on the long-term policy-options for judicial cooperation in cross-border cases is a complex one requiring some wider economic interests to be factored in and appropriate policy choices to be made. The pilot study identifies some important issues which might potentially be impacting on the parties’ strategies, inflating the litigation costs and requiring attention by the UK policymakers.