Morgan Lewis

Strategies for Handling Unwanted Litigation in England

By Litigation Practice

LawFlash/Client Alert

  • published on:

    August 2008
  • by:

    Litigation Practice


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Every year, U.S. companies are sued in England. For those companies not accustomed to it, English litigation involves an unfamiliar legal system and procedures. U.S. companies must first deal with a legal profession split between solicitors, who prepare the case for trial, and barristers, who advocate for their client at trial. Pleadings and discovery are also conducted differently. Trials are always conducted before a judge, not a jury, are longer in length, and are structured differently than in the U.S. court system. Losers are regularly ordered to pay the winners’ legal costs. It is an efficient system, less expensive overall, and very different from that of the United States.

When faced with such litigation, companies seek to deal with it in the most painless way possible. Some companies seek to settle out of court, while others may adopt the strategy of getting to trial as quickly as possible. Others will seek to minimize their legal costs.

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