Despite reassuring news about the U.K. and the EU being on the verge of reaching a deal, London’s appeal as a destination of choice for legal disputes remains in serious jeopardy.

Nick Holland

In 2019, the number of cases heard in the Commercial Court was down 10% on a year prior. In 2020, new filings in the Commercial Court and the Chancery Division are down 50%. Some of the latter decline is COVID-19 related but likely very little of it: the U.K. government did not extend limitation or appeal periods; hearings moved on line and the courts were not remotely sympathetic to adjournments until “normality” returned; and England’s rules of civil procedure do not require personal service to commence proceedings.  Something else is awry; what is it?