BIICL conducted a study for the UK Ministry of Justice on factors influencing litigants' decisions to bring commercial disputes to London based courts. The project involved a broad fieldwork process including an online survey and qualitative interviews with legal practitioners and litigants in the UK and abroad who assessed the advantages and disadvantages of litigation in the UK. The assessment included the reasons for choice of court agreements in favour of English courts and choice of law clauses in favour of English law; the competitiveness of English courts as compared to other jurisdictions and arbitration; and the impact that increased court fees might have on the UK as a forum for the litigation of commercial claims.
Within the context of this project an event was organised in March 2014 "Litigating in the UK - Why or Why Not?"
The work assisted the Ministry of Justice in developing an evidence base on the drivers behind decisions to bring commercial litigation and where to seek redress.
The study informed the government response on enhanced court fees
and is published here: