1. Why English law is good
By Miranda Marshall – Director at Hayes + Storr
Two recent but very different events have led me to write this article on how lucky we all are to have the
English legal system. The first was, prosaically, a seminar on European succession law (in Norwich) and the
other was reading an article on current problems with the Indian legal system (in India).
Let me start closest to home. The European Succession Regulations, which came in this August, and to which
the UK has not signed up, allow a national of an EU state to choose the law which should govern the
administration of their estate upon death. In addition to the forced-heirship rules, other foreign anomalies worth
noting are: that marriage does not revoke a Will (including in Scotland, where the birth of a first child can do
so); that in Italy lifetime gifts to children must be brought into account in distributing the estate upon death;
and, that one can sign to forgo one’s inheritance (never straight-forward in fact and law, especially where
some time has elapsed). Whereas one can request that English law applies to ones assets in other EU
countries, because many civil law countries do not recognise trusts, seeking to apply an English Will
containing a trust to EU assets may be complex and incur a double tax charge.
So, what about India? Well, when the British left India in 1947, amongst the systems and structures that ‘we’
left behind was that of the English legal system. However, in the 69 years since then there has been much
divergence. The legal principles remain but the Indian Courts and the implementation of the decisions,
apparently, leave much to be desired. On the principle of ‘justice delayed is justice denied’ the Indian system
would appear to be failing. It takes years for a case to be heard and the system has become unwieldy and
inefficient. Nine judges sit on cases heard in their Supreme Court and all nine of them give a judgement. Such
judgements, when published, are sometimes as long as 900 pages for a single case. As cases take so long to
be heard and even longer for the decisions to be enforced, there is a tendency for litigants to take matters into
their own hands rather than wait any longer for justice to be delivered.
The English legal system is a high earner for the English economy. Litigants and companies from overseas
come here to use our legal systems and our Courts. Rather than the codified rigid laws of Civil Law countries,
we have the concept of ‘equity’, which combined with our law of trusts and flexibility in relation to Wills and
property management, make our system highly desirable.
Yes, there is much to improve here in England. Our legal system is creaking with antiquated IT in the Courts
and the threat of closure of our some Courts (King’s Lynn, being our local cause célèbre). However, we
should appreciate what we have: it could be infinitely worse.
“This article aims to supply general information, but it is not intended to constitute advice. Every effort is made to ensure
that the law referred to is correct at the date of publication and to avoid any statement which may mislead. However no
duty of care is assumed to any person and no liability is accepted for any omission or inaccuracy. Always seek our
specific advice”.
If you require advice on this matter please contact Miranda on 01328 710210. If you require
advice on any other legal matter please telephone our Wells office on 01328 710210 or email
law@hayes-storr.com.
THE NORTH & WEST NORFOLK
SOLICITORS
www.hayesandstorr.co.uk
law@hayes-storr.com
Fakenham 01328 863231 | Holt 01263 712835 | Hunstanton 01485 524166
King’s Lynn 01553 778900 | Sheringham 01263 825959 | Wells 01328 710210