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Prediction: True cross jurisdictional expertise will be needed as businesses expand

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Prediction

With the increasing incursion of English and Welsh law firms into Scotland and vice versa in a bid to provide clients with a UK-wide service, there is a risk of firms not appreciating the often subtle differences between the substantive law, procedural rules, codes of professional conduct and even cultural differences to handling litigation in each jurisdiction. Similar issues can arise in dealing with cross border disputes. If not dual qualified and suitably experienced, solicitors can be at risk of assuming (wrongly) that principles are the same, and operate in the same way, in both jurisdictions, leaving themselves exposed to potential claims. This is particularly the case having regard to the differences between the two jurisdictions in relation to limitation (and, in Scotland, prescription).