England's Law Courts Rule

England’s law courts are being inundated with disputes involving the super-rich from across the globe. The high-profile battle of billionaires Boris Berezovsky and Roman Abramovich is just one of dozens of overseas cases filling the High Court, which appear to have little to do with this country. Nine out of 10 commercial cases handled by London law firms now have an international link, according to government statistics. Ministers say London’s concentration of “legal and financial” expertise is unrivalled, while the Ministry of Justice said the Rolls Building, the new High Court extension, is the largest “specialist centre” in the world for the resolution of commercial disputes. Home-based lawyers believe it is all down to the quality of English justice in comparison with foreign legal systems. David Allen, head of litigation in London for the Mayer Brown law firm, said the High Court attracts such cases because English justice is the envy of the world. “We have extremely high calibre judges here so commercial parties can rely on a rational decision. They are not corruptible, which is more than can be said about the jurisdictions from which some of these parties hail,” he said. “The English courts are quick and efficient and deliver judgments which are rational, fair and swiftly delivered.” The judgment in the Berezovsky v Abramovich case — in which the rivals are haggling over shares in a Russian company — is expected to be handed down by Mrs Justice Gloster before the Easter break. It will be followed next month, also in the Commercial Court division of the High Court, by another showdown between eastern European oligarchs Michael Cherney and Oleg Deripaska. This also is a dispute over shares. The biggest winners from the surge in overseas cases are the barristers and law firms. But courtroom translators and interpreters are also benefiting. An interpreter providing simultaneous translation of proceedings can charge £300 a day. An oligarch would often use their own translator, who would be on a far greater salary. The Ministry of Justice has an annual budget of £60 million for interpreter services for courts, including criminal courts. Oligarchs at war in the capital Boris Berezovsky v Roman Abramovich Judgment awaited in claim for £3.2 billion damages. Berezovsky alleges that his rival intimidated him into selling shares in oil company Sibneft for a fraction of their true worth. Abramovich says there was no formal agreement and denies that he threatened Berezovsky. Michael Cherney v Oleg Deripaska Trial due to start in May over a £2.3 billion claim; Cherney alleges an unpaid debt and is demanding the equivalent of one fifth of Deripaska’s company, Rusal. Deripaska rejects the claim, making counter allegations against his opponent. JSC BTA bank v Mukhtar Ablyazov Litigation running for two years between the Kazakhstan state-owned bank and its former boss. It claims he stole more than $5 billion. Ablyazov was sentenced to prison for contempt of court last month. He is believed to have fled to France. Commentary: Roubles and dollars roll in Never have the corridors of the High Court echoed so much to Russian voices. Court benches are piled high with files packed with documents in Cyrillic script pinned to English translations. In the Cold War days Russians were depicted as hatchet-faced men in greatcoats with snow on their boots. Now they come in Savile Row suits and polished leather shoes and with a trophy wife on their arm. Highly-paid lawyers are loving it but is the expansion in overseas cases with little apparent link to Britain in danger of turning the commercial courts into a version of libel tourism? Equally, are our courts being filled with these cases at the expense of justice for English cases? The answer to both questions is probably no. English Contract law is recognised as being fair and reasonable and not weighted in favour of the litigant. And its cases are coming to court far faster now that judges have been put in no doubt that they are responsible for time-keeping. But the efficiencies brought in at the High Court — where cases mostly operate without a jury — are attracting untold millions in euros, dollars and roubles. At a time of recession that is not to be dismissed lightly.