Debate to explore overhaul of cost-shifting in litigation
The Commercial Litigators’ Forum will hold an Oxford Union-style debate on Thursday to examine whether Britain’s cost-shifting system in commercial lawsuits requires reform to expand legal access. Commercial Court judge Mr Justice Picken will moderate the session at White & Case’s London offices, as attorneys examine the loser-pays principle that underpins the current framework.
Charlotte Thomas of Brick Court Chambers and Hilton Mervis, who leads commercial dispute resolution at Arnold & Porter’s European division, will argue for overhauling cost-shifting to improve access to justice. Patrick Green KC of Henderson Chambers, who represented 555 postal workers who won their case against the Post Office over wrongful prosecutions tied to the Horizon system, will oppose the motion with BCLP partner Ravi Nayer.
A panel of senior corporate attorneys will determine the outcome, featuring representatives from Visa, Siemens Energy, Coca-Cola Europacific Partners and litigation funder VWM Capital.
