An Overview
Lady Justice Arden, Court of Appeal Judge and Head of International Relations for the Judiciary, has produced a helpful guide that provides an insight to the English legal system for an international audience.
The Guide
Disputes being determined in the Courts of England and Wales continue to see a growth in the number of international litigants. Statistics suggest that 80% of the cases heard by the Commercial Court involve an international Claimant or Defendant.
The former Justice Secretary attributes this to the fact that foreign parties know that if they instigate Court proceedings in England:
'they will find world class, highly specialised practitioners and expert judges in the specialist courts. They understand that a decision from a court in the UK carries a global guarantee of impartiality, integrity and enforceability.'
Nevertheless, as English lawyers we understand that the English justice system is complex and often differs greatly from other jurisdictions. The Visitor's Guide is therefore a helpful and comprehensive guide to the Judicial System in England and Wales. Whilst the Guide is lengthy and deals with both relevant history and some of the abstract principles upon which English justice is founded, it also provides practical information about our Court structures, procedures and the source of law which determine disputes.
The Guide will be helpful to any international lawyer who has clients with disputes that are subject to the law of England and Wales or the jurisdiction of its Courts. We would recommend reading Part 1, which deals with the Court structure, and Part 2, which deals with the procedure of the justice system (and principally the section on page 17 titled "Case Management").
A complete copy of the guide can be found here. Alternatively, we would be happy to provide you with a copy should you require this, and would be pleased to discuss any questions that you may have.
