English Law - our £25bn a year service asset

I'll bet that if I mention Carlill -v- Carbolic Smoke Ball Company at least half of you will get the reference. For any that don't, it's one of the first contract law cases that English professionals from all sectors learn when first at the teat of contract law & tort. I aced law, and kept up with it all through my professional career, through both the Times law reports and those in Estates Gazette. Over the years I've come not only to respect but to regard with a deep affection the wonderful, elegant and self-evolving way in which the corpus of civil law works in England and Wales. No other nation could have developed a separate, parallel stream of law such as Equity - a shield, not a sword - to use when the mainstream was lacking. And the Chancery barrister from whom I first learnt my law was equally in love with it all. My final act before I retired was to wholly resist a claim of £1m under NEC3 at adjudication with the law supplied by an eager young chap from one of the big city firms. I thoroughly enjoyed myself. There ain't nothing so elegant as a 300-item Scott schedule with our column totalling to zero. 

Anyway, that little encomium apart, the Standard recognises the importance of it all both to the City and nation;

The Justice Secretary, Liz Truss, identifies one of them today in her summit with leading law firms. She promised to protect Britain’s status as the world’s biggest legal capital — a status which is worth some £25 billion a year. More importantly, it adds to the country’s historic reputation for probity, integrity and fair dealing. English contract law has evolved over centuries and it is used in contracts between individuals and countries which have little to do with England or the UK. Then there is the  reputation for professionalism of the English legal profession and the independence and quality of the judiciary — however much the judges may occasionally irritate us. And if England is the centre of the legal world, London is the centre of the centre.

Our justice system could of course be improved, notably the efficiency of the courts. But the Government is right to do what it can to safeguard the lawyers’ position. It should sign up to the Hague Convention on Choice of Court Agreements immediately after Brexit — it cannot do so while we are in the EU — and seek a replacement for Europe’s “Recast” rule. This is crucial. Let’s look to our strengths; right now we must make the most of them.

With English law, rather than Euro Napoleonic codes, forming the basis of North American and much of Asian-Pacific law, we are wise to pull it away from the perversion and debasement of inferior European jurisdiction. It is self healing, and the Euro errors of the last 40 years can be healed and absorbed. With TTIP dead in the water, and CETA peculiar to the Euro Napoleonic 27, we stand in good stead to continue as the world's tribunal capital. In relation to 'recast', Allen & Overy have published an opinion, but it can be summarised in their graphic 

Brussels Regulation: Article 23

Brussels Regulation (recast): Article 25

"If the parties, one or more of whom is domiciled in a Member State, have agreed that a court or the courts of a Member State are to have jurisdiction to settle any disputes which have arisen or which may arise in connection with a particular legal relationship, that court or those courts shall have jurisdiction. Such jurisdiction shall be exclusive unless the parties have agreed otherwise."

"If the parties, regardless of their domicile, have agreed that a court or the courts of a Member State are to have jurisdiction to settle any disputes which have arisen or which may arise in connection with a particular legal relationship, that court or those courts shall have jurisdiction, unless the agreement is null and void as to its substantive validity under the law of that Member State. Such jurisdiction shall be exclusive unless the parties have agreed otherwise."