Recently the courts under the English jurisdiction more and more often hear cases about cross-border disputes. This is such cases which arise between persons of the different states. The review of the last activity of English commercial court has shown that from all cares the more than half is cross-border disputes (437 of 705).
Why the foreign legal entities and individuals prefer the English courts?
First of all those are persons who live in England or Wales or those who have the real estate or company there, but at the same time aren’t citizens of this country. This is the most commonly used and logical situation. But what has attracted the interest of persons which don’t have any relations to Wales and England? Mrs. Justice Carr, the head of the High Court of England, claims that popularity of the English courts consists in their ideal reputation. London is long ago acknowledged as law center of Europe therefore the aspiration of people to resolve the legal issues exactly here is completely justified. The independent and strong judicial manpower making the English courts the excellent spaces for the correct, safe and impartial solution of many affairs. In order to find the solicitor who will be able to make deal with your case use the Solicitors.guru website.
Also the head of court claims that such features of the English commercial courts are very attractive to foreigners:
- Existence of special commercial court;
- Competent judges which have many practical experiences in hearing of cases or causes;
- Absence of jurors when civil cases proceed;
- The discovery procedure (“disclosure of documents”). It is necessary to tell that this procedure in England isn’t such global, as in the USA;
- Big range of interim measures;
- A large volume of the unprecedented right which has been published, thanks to what all judgments are consecutive, accurate and rather predictable no matter what difficult they can be.
Also, these positive features include the possibility of collecting all (or part of) costs spent on court process from the defendant and the small size of expenses if to compare it with arbitration courts. But the commercial court doesn’t promise any confidentiality, unlike of arbitration. Check out the info about the way to be insured from the waste of money choosing that law expert in the article with no win no fee explained.
To what principles the English courts adhere?
Usually everything begins with a request for summons. As a rule, the court provides delivery of notice paper to the defendant personally if he lives in Wales or England. But in the case of cross-border disputes it is almost impossible to make this therefore the special procedure is provided.
In most cases, if defendant person has the permanent residence in one of the European Union countries, Scotland or Northern Wales, there is no need to appeal to the English court with a request to send the notice paper. In a case with other countries permission from the English court to the delivery of the notice paper is necessary. Usually in such cases it is about the legal entity, and the residence is an address of the business registration.
If the defendant is a natural person, then everything is much simpler. For obtaining the notice paper for him is enough just to arrive in England. Usually it is quite simple to hand-deliver the notice paper as the people in any way connected with this country are an appeal to the English courts. In that case the solicitor advises to the claimant to always carry around the notice paper in order to hand-deliver it at once as soon as the defendant arrives in England. If it isn’t possible, then delivery of notice paper happens according to the same scheme, as with legal entities.