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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