While the United Kingdom was once described as the “workshop of the world,” it has now largely become a services-based economy. The UK is currently the fourth largest exporter in the world, with 56% of exports being services, and the remainder comprising manufactured goods. Among these services, legal services rank particularly high, reflecting both economic value and international demand.
Providing legal services that satisfy both a global market and the needs of the national population presents unique challenges.
The cost of legal services
One of the most obvious issues is that controlling cost is rarely a priority, especially in the context of selling legal services to overseas clients who are often willing and able to pay substantial fees. Judicial control of costs has therefore often been ineffective or half-hearted.
We do not regulate the cost of dining at the Savoy, attending the Royal Opera House, or watching Premier League football; so why should litigation costs for overseas clients be restricted?
The traditional image of British justice
The UK legal system attracts international litigators because of its tradition, authority, and thoroughness. As a result, there is little incentive to simplify the law or make the legal process more accessible to domestic clients in the 21st century. Ultra-high-cost litigation often involves enormous amounts of precedent and legal analysis, which makes proceedings prohibitively expensive for a broad spectrum of the UK population.
This raises a serious concern: while British courts continue to enjoy global prestige, the system risks becoming increasingly inaccessible for local litigants.
Towards more flexible dispute resolution
I believe the solution lies in developing alternative, flexible forms of dispute resolution, such as accessible evaluative mediation. By embracing mediation alongside traditional litigation, we can ensure that justice remains affordable and efficient, while preserving the strengths of the UK’s legal reputation.
Without such reforms, the Royal Courts of Justice (RCJ) risk becoming, in the words of Noel Coward, one of the “stately homes of England,” admired by overseas visitors but increasingly irrelevant to the people it serves.
“The stately homes of England we proudly represent. We only keep them up for Americans to rent.”
I write and speaks regularly on legal services, dispute resolution, and professional ethics, offering insight into both domestic and international legal practice. Want to get my updates delivered straight to your inbox? Sign up for my newsletter, no spam just legal insight.
