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Who uses the Commercial Court?


The Portland Disputes practice study, Who Uses the Commercial Court?, found that foreign litigants dominate the Commercial Court while British litigants’ use is decreasing. Portland undertook this research to inform the debate about the influx of foreign cases to the British courts, which was sparked by the blockbuster Berezovsky v Abramovich trial. The study reviewed all 705 judgements from the England and Wales Commercial Court between March 2008 and March 2013 and, for the first time, recorded the nationality of the parties involved.

About Portland The Portland Disputes practice specialises in managing highstakes and sensitive issues for individuals, corporations and institutions involved in a legal dispute. The Portland team is drawn from the worlds of politics, media and business. Our professionals have led communications in military conflicts, political campaigns, high-profile legal battles and transactions.

Ou findi


Foreign UK

100 %

80 %

60 %

40 %

20 %

0%

2008

2009

2010

2011

2012

ur ings Over the period of five years, 35% of all parties were British while the rest were foreign. The number of foreign litigants grew by 30 percentage points while British nationals decreased by 11 percentage points.

2013


Litigants by region 200

The number of European litigants

180

in the Commercial Court increased by

160

165% since 2008. While Eurasian

140

litigants comprised the next biggest

120

group, Russian and Kazakh

100

parties together constituted about

80

6% of foreign litigants, a share

60

that has decreased since 2011.

40

20

0 2008

Africa Benin Chad DRC Gabon Ivory Coast Kenya Liberia Mauritius Mozambique Nigeria Senegal Seychelles Sierra Leone South Africa Tanzania Zambia Australasia Australia New Zealand

2009

2010

2011

2012

UK

MENA

Caribbean

S America

Ind. Sub

Europe

Africa

Eurasia

Brit Cr Dep

Australasia

N America

E asia

SE Asia

C America

S Pacific Islands

British Crown Dependency Guernsey Isle of Man Jersey Caribbean BVI Aruba Bahamas Barbados Bermuda Cayman Islands Netherlands Antilles St Vincent & Grenadines Turks & Caicos Islands Central America Panama

East Asia China Hong Kong Japan Mongolia South Korea Taiwan Eurasia Armenia Georgia Kazakhstan Russia Europe Austria Belgium Bulgaria Croatia Cyprus Czech Republic

Denmark Finland France Germany Gibraltar Greece Hungary Iceland Ireland Italy Latvia Liechtenstein Lithuania Luxembourg Malta Monaco Norway Poland Portugal Romania San Marino

Serbia Slovakia Spain Sweden Switzerland Netherlands Turkey Ukraine Indian subcontinent India Nepal Pakistan Sri Lanka MENA Bahrain Egypt Iran Iraq Israel

Jordan Kuwait Lebanon Libya Palestine Qatar Saudi Arabia Syria Tunisia UAE North America Canada Mexico United States South America Argentina Belize Bolivia Brazil

Chile Uruguay Venezuela South Pacific Islands Marshall Islands Samoa Southeast Asia Indonesia Malaysia Philippines Singapore Thailand Vietnam UK United Kingdom


Switze rland (3%)

ates United St (6%)

sia Rus ) (3%

Map of litigants

United Kingdom (35%)

Bri t Vir ish Is gin l a n (3% ds )

K a z akh s (3% tan )


Top 20 litigants 1.

UK

880

2. US

146

3. Kazakhstan

86

4. Switzerland

86

5. BVI

83

6. Russia

75

7.

70

Germany

8. Italy

48

9. Greece

45

10. Luxembourg

42

11. India

38

12. Netherlands

37

13. France

32

14. Brazil

29

15. China

29

16. Norway

27

17. Nigeria

26

18. Singapore

26

19. UAE

26

20. Cyprus

23


Methodology Portland reviewed 705 judgements handed down by the Commercial Court of England and Wales between March 2008 and March 2013. The judgements are the source of the data, augmented by research to identify the nationalities of the parties. This is because judgements are consistently

recorded and reflect a legal action that has gone past the early stages. When reviewed over years, this provides a substantive measure of the nationalities in the court system and the legal teams acting for them. Students from the School of Law at the University of Westminster provided research support.

• Nationalities were recorded based on the frequency of involvement in judgments. • The solicitors and barristers were recorded as named in the judgements. • Rankings are based on the number of judgements in which they were named. • Law firms that merged during the period 2008-2013 are treated as they were named rather than being combined for total numbers.


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Profile for Portland

Who Uses the Commercial Court?  

The Portland Disputes practice study, Who Uses the Commercial Court?, found that foreign litigants dominate the Commercial Court while Briti...

Who Uses the Commercial Court?  

The Portland Disputes practice study, Who Uses the Commercial Court?, found that foreign litigants dominate the Commercial Court while Briti...

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