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In a recent decision, the Federal Supreme Court (Bundesgerichtshof) had an opportunity to provide further guidance regarding the obligation of UK claimants to provide security for costs in German proceedings.
Mired in politicking, the Brexit Freedoms Bill that will ‘move us away from outdated EU laws’ has still to be published. What lawyers are confronted with at present is an elaborate game of charades.
Regardless of a deal or no-deal Brexit, the current political uncertainties are challenging the UK's position as the premier location for resolving disputes. Commercial courts have already opened in Paris and Amsterdam, with proceedings conducted entirely in English and expressly aimed at competing with the UK.