Denmark is fast becoming a top venue for litigation because it is cheaper than the UK.
Litigants are now sidelining UK courts, preferring Denmark for strategic and cost reasons, say experts, forcing UK law firms to play away from their home turf.
Danish-qualified lawyer Steen Rosenfalck of Osborne Clarke says this is a particular problem for firms without transnational expertise.
Rosenfalck says Danish courts have English language capability, and in spite of the Woolf reforms, it is cheaper to bring actions in Denmark.
“In Denmark the courts have fixed fees so it's cheaper to litigate. Judges have a more managerial role and control time limits. The court appoints its own expert witnesses.”
The Appeal Court clamped down on forum shopping in the UK on Friday by throwing out Chadha & Osicom Technologies v Dow Jones.