Supreme Court Plays Wild Card to Cash in Ghosh’s Dishonesty Chips

For the last 35 years, the criminal courts have relied on a two-part test established in the case of R v Ghosh [1982] QB 1053 to determine whether an individual had behaved dishonestly. The Ghosh test contains an objective and subjective limb. The first limb considers whether reasonable and honest people would characterise the defendant’s actions as dishonest. The second […]

Why English Law Governs Most International Commercial Contracts

Parties to international contracts and cross-border transactions often choose the law of England and Wales (which we’ll call “English law” for short) as the governing law of the agreement. In fact, English law is the preferred governing law for business transactions worldwide, even those that don’t have any geographic connection with the UK. There are […]

Brexit: Will English Law Remain the Market-Standard Choice of Governing Law?

The UK’s pivotal referendum on whether to leave or remain in the European Union is slated for June 23rd 2016, While both sides are campaigning heavily in the public eye, businesses in the UK are generally adopting a cautious approach to both any public statements on the issue as well as their approach to future business […]

Supreme Court Ruling Overturns Criminal Law of Parasitic Accessory Liability

The Supreme Court has redefined the law of secondary participation and joint enterprise in Criminal Law, in the seminal case of R v Jogee [2016] UKSC 8. The ruling overturns twenty years of jurisprudence, which had led to murder convictions based on less stringent requirements than those set out in Jogee. The result may lead […]

English Votes for English Law tackles West Lothian Question

In October 2015, the UK Parliament approved an amendment to its procedural rules to finally provide an answer to the famous “West Lothian question”. The term refers to the fact that MPs representing Scottish constituencies at Westminster may vote on legislation which only affects England and has no effect on Scotland, while MPs from English […]

High Court Explains “Serious Harm” under Defamation Act

The Defamation Act 2013 (“the Act”) reformed the law relating to slander and libel in England and Wales and introduced a new entry requirement for claimants wishing to bring a defamation claim: a claim can only be brought if the relevant publication has “caused or is likely to cause serious harm to the reputation of […]

5 Reasons Why London Remains the Legal Capital of Europe

Businesses from all parts of the world regularly choose to use the law of England and Wales as the basis of their international commercial agreements. This has made London the capital of Europe, if not the world, for law and legal practice. Here’s a reminder of what makes London so attractive, and why English law […]

Senior global law firm managing partner: English law is the law of choice of international clients and dual-qualification is a worthwhile step for foreign lawyers

Mr Oliver Brettle – Managing Partner of leading global law firm White & Case LLP – recently discussed with QLTS School the continued attraction of English law as the preferred jurisdiction for global business, and what this means in terms of demand for English lawyers. We were eager for Mr Brettle’s insight as to why […]

Government proposals to slash the civil legal aid bill come under fire

The coalition government has introduced the Legal Aid, Sentencing and Punishment of Offenders Bill (LASPOB) in a bid to reduce the burden on taxpayer funded legal aid, which currently stands at £2.1 billion a year. The Law Society has described the proposals contained in LASPOB as the “single biggest attack on access to justice since […]

Justice Secretary announces changes to the civil justice system

Justice Secretary Kenneth Clarke recently announced that the limit of £5000 on small claims in the county court is to be doubled to £10,000 as part of steps by the Ministry of Justice (MoJ) to expedite civil litigation. Mr Clarke announced plans to divert up to 80,000 more cases to a small claims quick telephone-based […]