18 March 2010

John Dunt, Consultant, Clyde & Co LLPSenior Research Fellow, Institute of Maritime Law, Southampton University

Why English Law Rules the Waves ?Why English Law Rules the Waves ?

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The Strengths of English LawThe Strengths of English Law

The Commercial Court

The Common Law

Procedure (e.g., discovery)

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The Commercial Court

The Commercial Court

The Problem, to quote Samuel Pepys:

“terms such as the judge could not understand”

● Commercial Court established 1895 by Mathew J

1. Streamlined procedure

2. Specialised lawyers and judges

● Lords Denning, Donaldson and Diplock

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Admiralty - ArbitrationAdmiralty - Arbitration

The Admiralty Court

London Arbitration (LMAA)

400 Awards; 45 arbitrators

Core group of full time specialist arbitrators

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The Common LawThe Common Law

Lord Mansfield, 1756, Chief Justice for 32 years

Specialist juries of “knowing and considerable merchants”

The meaning of words – e.g., “proximate”

Long-standing system of precedent – e.g., pirates

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PiratesPirates

Hicks v Palington (1590) Masefield v Amlin (2010)

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Practice and ProcedurePractice and Procedure

Discovery – all relevant documents disclosed

Experts – employed by parties but duty to the Court

Juries – not now used in commercial cases

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Future DevelopmentsFuture Developments

The problems of:

1. Cost

2. Delay

The new Supreme Court

The increasing role of European Law

England: still a good place to litigate commercial cases

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