ENGLAND & WALES Trends and Developments Contributed by: James Lynch, Sophie Green and Nick Connor, Maltin PR
Maltin PR 71-91 Aldwych WC2B 4HN London United Kingdom Tel: +44 (0)20 3983 4118 Email: enquiries@maltinpr.com Web: www.maltinpr.com
The London litigation market remains highly active and a major export for England and Wales. Despite pre-Brexit fears that the legal industry may suffer, a report from the Law Society of England and Wales in 2025 suggests an increase of 44% in legal services exports from the UK, from a figure of GBP6.27 billion in 2020 to GBP9.02 billion in 2024. The report also highlights that the international appeal of the London Commercial Court as a forum for dispute resolution remains high, with 61.7% of litigants being from out- side the UK and 93 nationalities represented. English law as a whole governs approximately 40% of “global business and financial transactions”, accord- ing to the report. This makes an understanding of the litigation landscape in England and Wales vital for those with clients operating internationally, particularly those coming from non-common law jurisdictions. Access to Documents – New Pilot Practice Direction While proceedings in the Courts of England and Wales are heard publicly (unless ordered otherwise), the ability for members of the public or press to access documents has generally relied on attendance at court to request material from each party’s legal team, or ordering key documents through the court’s E-Filing system. Unlike the US filing system, by which docu- ments are filed publicly and available immediately, the UK system requires approval on the orders, often creating a delay of multiple days. An upcoming pilot practice direction looks to increase the types of docu- ments that are accessible through this system.
Journalists and members of the public are currently able to request the following documents from E-Filing, unless otherwise ordered by the court: • claim form; • statements of case (particulars of claim, defence, reply, counterclaim, Part 20 claim, etc); • court orders; and • judgments. These documents provide journalists and members of the public with an insight into the case as a whole, but do not provide granular detail around the matters that were raised at a hearing. Case law already makes public numerous categories of documents referred to in open court, but does not make them available on the E-Filing system, requiring the requesting party to contact the court or those involved in the case. For journalists attending court this is generally a simple proposition, but following a hearing it can be a much slower and more contentious process. While originally expected to enter into force in October 2025, the Pilot Practice Direction is now due to take effect on 1 January 2026, and will require parties in the Commercial Court, London Circuit Commercial Court and Financial List to publicly file additional material, defined as “Public Domain Documents”. It is expected that there will be a review after six months, with the potential for other courts to be brought into the pilot following this trial period. Skeleton arguments and written opening or closing submissions will be required to be filed publicly within
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