Introduction to dispute resolution in the UK
English law and English jurisdiction is often chosen as the governing law of contracts and the dispute resolution mechanism respectively, even when there is no English party, for a number of reasons.
(1) There is a strong culture of favouring out-of-court settlement, which, when combined with the ‘loser pays’ costs rules, ensures litigation is avoided whenever possible. (2) If a dispute does reach the courts then the rules governing disclosure and evidence create a litigation system trusted to provide a detailed analysis of a dispute and as near to the ‘right’ decision as possible. (3) Extensive case law means lawyers can advise clients with a greater degree of certainty on the strength of their claim or defence than might be the case elsewhere, which in turn results in parties often settling out of court.
There is no civil code in England; instead, English law is made up of Parliamentary legislation, which is then interpreted by the courts. A court cannot interpret the Parliamentary legislation in any way it wants, however; it is bound by the doctrine of precedent. This means a lower court must follow a decision on the same issue by a court of higher status. There are three main courts in England, which are listed below in increasing order of seniority…
If you are registered and logged in to the site, click on the link below to read the rest of the Wragge & Co briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Wragge Lawrence Graham & Co
News from The Lawyer
Briefings from Wragge Lawrence Graham & Co
The signatory states to the UPC Agreement have agreed a Protocol which paves the way, in terms of practical steps, to getting the Unified Patent Court up and ready to run.
After ECJ ruling, will national regulators flee the sinking ship?