Litigating against a British company has fundamentally changed since Brexit. Brussels I-bis no longer applies; recognition is handled via the Hague Convention on Choice of Forum 2005 or the Hague Convention on Judgments 2019. At Musch Legal, we regularly assist Dutch clients in British disputes. The English High Court specializes in commercial matters; arbitration in London via LCIA is recognized worldwide. English law and litigation costs are both significantly more expensive than Dutch law.
What is the legal problem? (What changed due to Brexit?)
Since 1 January 2021, the UK has been legally considered a third country for the EU. Brussels I-bis (Regulation 1215/2012) has been superseded. Choice of law, choice of forum, recognition of judgments, and parallel import require new analysis. English procedural law is highly formalized with disclosure (comparable to American discovery but more limited), barristers, and strong skeleton arguments. Litigation costs are typically 3-5 times higher than in the Netherlands.
What does the law say? (Which frameworks apply now?)
For recognition of British judgments in the Netherlands: Hague Convention on Choice of Forum 2005 (in the case of exclusive choice of forum) or Hague Convention on Judgments 2019 (since July 2025 for the UK). For matters falling outside these conventions: Article 431 of the Dutch Code of Civil Procedure. For arbitral awards: New York Convention 1958. English procedural law under the Civil Procedure Rules (CPR). For commercial matters, the Commercial Court of the King's Bench Division of the English High Court.
Rome I (Regulation 593/2008) continues to be applied by the UK as retained law for choice of law.
Process
Processing time
Indication of costs
English High Court
18-36 months
300,000-1,500,000 pounds
LCIA arbitration
12-18 months
200,000-800,000 euros
ICC arbitration in London
12-24 months
Comparable to LCIA
Dutch court
12-24 months
Substantially lower
NAI arbitration Netherlands
12-18 months
Significantly lower
Route
Processing time
Indication of costs
English High Court
18-36 months
300,000-1,500,000 pounds
LCIA arbitration
12-18 months
200,000-800,000 euros
ICC arbitration in London
12-24 months
Comparable to LCIA
Dutch court
12-24 months
Substantially lower
NAI arbitration Netherlands
12-18 months
Significantly lower
What risks do companies face? (What litigation costs increase?)
English High Court proceedings cost on average 3-5 times more than Dutch ones. Disclosure proceedings typically cost £50,000–£200,000. Barrister rates are £500–£2,000 per day. The loser-pays rule under English costs follows the event: the loser pays 60–80 percent of the winner's costs. Duration is 18–36 months in the first instance, plus any appeal. For SME clients, this is often prohibitive without third-party funding.
Practical example from our practice (How did we avoid the English High Court?)
Musch Legal represented a Dutch exporter who had been summoned by a British buyer in the English High Court under the old choice-of-forum clause. Defence cost £280,000 in the disclosure phase alone. We conducted settlement negotiations in parallel; ultimately, a settlement was reached for 60 percent of the claim. For renegotiating contracts for other business relations, we opted for LCIA arbitration in London or NAI in The Hague — litigation costs 40-60 percent lower than High Court.
What can you do? (Which route is appropriate against the British party?)
For new contracts: weigh the English High Court (strong specialization in commercial matters) against LCIA arbitration (confidentiality, international enforceability) and NAI arbitration (Dutch law, lower costs). For existing disputes: assess the chances of success, costs, and enforceability via a Litigation Risk Memorandum. Evaluate third-party funding for large claims. Collaborate with an English solicitor-advocate and barrister where necessary. Engage Musch Legal as coordinator.
Brexit and contracts with British companies