Insolvency, internationalism & Supreme Court judgments

Lord Neuberger gave the keynote speech at the Insolvency Law Dinner. The first part of the speech focused on "a decision of the House of Lords to which I was party”: Re HIH Casualty and General Insurance Ltd [2008] 1 WLR 852.

In the second part of the speech, he considered the new Supreme Court and what approach it might choose to take in the future:

“It delivers judgments in court rather than speeches in the chamber of the House of Lords. It could adopt a different approach to judgments; an approach which could deliver greater clarity and coherence in the law. In doing so it could take either of two approaches. It could adopt the single judgment approach, so beloved of the European Court of Justice and the Privy Council. Alternatively, it could adopt the approach, beloved of the US Supreme Court, and quite often adopted by the Australian High Court, of a single majority judgment with dissenting and/or concurring judgments. Or, it could adopt a single majority with dissenting judgment approach. Each has their advantages. Each has their drawbacks.”