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On 28 April 2025, Middle Temple welcomed one of its largest ever gatherings of Ukrainian lawyers. Organised by the Bar Council’s International Committee and supported by the UK Ministry of Justice, Ukrainian Bar Association, Ukrainian National Bar Association and Spilka (UK-Ukrainian lawyers’ association), the conference aimed to foster lasting cooperation between the UK and Ukrainian legal professions.
At first glance, this might seem like just another legal conference. But it marked the beginning of a deeper, long-term collaboration between two distinct legal systems: Ukraine’s barely 30-year-old civil law framework – aligning with EU standards – and England’s ancient common law tradition, now navigating a post-Brexit landscape.
Why the seemingly unlikely partnership? Ukraine’s legal and business communities are already familiar with English law, commonly cited as the governing law in Ukrainian commercial contracts often paired with English-seated arbitration clauses. Ukrainian businesses value the certainty and predictability of the English legal system rooted in precedent and common sense.
Equally, the UK is seen as a global leader on human rights and international law. As Baroness Prentis of Banbury KC explained in her recent Magna Carta Lecture at Royal Holloway, University of London on 9 June 2025:
‘ [t]he Ukrainians have asked us from the UK to help because, almost uniquely as a nation, we have a very long track record of running our legal system in a fair, transparent way with judges who are pretty much incorruptible. ’
The clearest yet signal of the deepening of the relationship between Ukraine and the UK came in January this year with the signing of the landmark UK-Ukraine 100-year partnership agreement. This was accompanied by a political Declaration detailing specific cooperation goals.
Article 6 of the Treaty commits both nations ‘to deepen collaboration between their legal sectors and in the criminal-civil sphere’.
Pillar 6 of the Declaration expands on this, outlining joint efforts in international justice and accountability, including by pursuing ‘all lawful ways to ensure Russia is made to meet its obligation to pay for the damage it has caused Ukraine’. Deeper cooperation is also envisaged both in criminal and civil justice spheres, including sharing expertise on private international law, arbitration, mediation, and investment protection.
Legal expertise also intersects with other aspects of the Treaty. Pillar 4 – focused on trade – proposes ‘the use of English & Welsh common law to simplify financial contracts, notwithstanding local [ie Ukrainian] legal framework’ thus building investor confidence.
Pillar 5 is devoted to cooperation in the energy sector, with English lawyers once again leading in their expertise of energy dispute resolution.
The topics for discussion during the first Ukraine Law Day were specifically chosen to overlap with the areas of cooperation outlined in the Treaty and highlight practical ways in which the legal community of Ukraine and the UK can contribute to resolving day-to-day issues faced by Ukrainian businesses and private individuals. The aim of the conference was to serve as a springboard for working groups coordinated by the International Committee of the Bar Council which can then deliver actionable recommendations in their specific spheres.
One obvious area for collaboration is the 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments, which is already in force in Ukraine and entered into force for the UK on 1 July 2025. A UK-Ukraine working group will examine how the Convention is applied in both countries and offer best practice recommendations for due process and mutual enforcement of judgments, as well as report in due course on the use of the Hague Convention to enforce Ukrainian judgments in the English courts and vice versa.
Beyond treaties, matters of English law frequently arise in Ukrainian courts – often without expert input, as was explained at the conference by the Ukrainian Supreme Court Justice Dr Olena Kibenko.
Following up with Justice Kibenko in Kyiv, I learnt of the challenges Ukrainian courts face when applying English law, including lack of access to legal materials and risks of mistranslation or misinterpretation. It was clear that in Kyiv there is appetite for more structured support. A pilot initiative – perhaps launched on a pro bono basis – could allow Ukrainian judges to seek advice on the interpretation of English law issues arising in cases heard by them directly from the English Bar. Over time, this could evolve into a permanent scheme supported by both countries’ ministries of justice.
Another insightful session tackled family law, where both countries’ legal systems often conflict, especially regarding jurisdiction over children. With both Ukrainian and English authorities asserting jurisdiction, contradictory rulings can emerge – highlighting the urgent need for a harmonised approach.
A working group of family law specialists from both nations could explore practical solutions and develop joint recommendations to better protect children’s welfare in cross-border disputes.
The lively discussion, which continued well after the formal part of the Ukraine Law Day was over, and the delegates spilled into the Middle Temple gardens joined by the Attorney General, Lord Hermer KC, and the Solicitor General, Lucy Rigby KC MP, was a testament to the depth of interest and shared purpose among the participants. The Ukraine Law Day marked the beginning of an ambitious long-term collaboration between two legal communities with distinct traditions but united by a common commitment to the rule of law.
As Ukraine looks westward in its legal evolution and the UK extends its global partnerships post-Brexit, the Ukraine Law Day and the work that continues following it, provide a unique opportunity to build a lasting framework of cooperation and promote the standing of the English legal profession and the Bar not only in Ukraine but internationally.
From recovery of war losses to helping families fractured by the war, the initiatives commenced and connections forged during the Ukraine Law Day have the potential to shape practice, policy, and everyday delivery of justice in both countries.
Tetyana Nesterchuk is a barrister at Fountain Court Chambers specialising in international commercial law and arbitration and a member of the Bar Council’s International Committee.
On 28 April 2025, Middle Temple welcomed one of its largest ever gatherings of Ukrainian lawyers. Organised by the Bar Council’s International Committee and supported by the UK Ministry of Justice, Ukrainian Bar Association, Ukrainian National Bar Association and Spilka (UK-Ukrainian lawyers’ association), the conference aimed to foster lasting cooperation between the UK and Ukrainian legal professions.
At first glance, this might seem like just another legal conference. But it marked the beginning of a deeper, long-term collaboration between two distinct legal systems: Ukraine’s barely 30-year-old civil law framework – aligning with EU standards – and England’s ancient common law tradition, now navigating a post-Brexit landscape.
Why the seemingly unlikely partnership? Ukraine’s legal and business communities are already familiar with English law, commonly cited as the governing law in Ukrainian commercial contracts often paired with English-seated arbitration clauses. Ukrainian businesses value the certainty and predictability of the English legal system rooted in precedent and common sense.
Equally, the UK is seen as a global leader on human rights and international law. As Baroness Prentis of Banbury KC explained in her recent Magna Carta Lecture at Royal Holloway, University of London on 9 June 2025:
‘ [t]he Ukrainians have asked us from the UK to help because, almost uniquely as a nation, we have a very long track record of running our legal system in a fair, transparent way with judges who are pretty much incorruptible. ’
The clearest yet signal of the deepening of the relationship between Ukraine and the UK came in January this year with the signing of the landmark UK-Ukraine 100-year partnership agreement. This was accompanied by a political Declaration detailing specific cooperation goals.
Article 6 of the Treaty commits both nations ‘to deepen collaboration between their legal sectors and in the criminal-civil sphere’.
Pillar 6 of the Declaration expands on this, outlining joint efforts in international justice and accountability, including by pursuing ‘all lawful ways to ensure Russia is made to meet its obligation to pay for the damage it has caused Ukraine’. Deeper cooperation is also envisaged both in criminal and civil justice spheres, including sharing expertise on private international law, arbitration, mediation, and investment protection.
Legal expertise also intersects with other aspects of the Treaty. Pillar 4 – focused on trade – proposes ‘the use of English & Welsh common law to simplify financial contracts, notwithstanding local [ie Ukrainian] legal framework’ thus building investor confidence.
Pillar 5 is devoted to cooperation in the energy sector, with English lawyers once again leading in their expertise of energy dispute resolution.
The topics for discussion during the first Ukraine Law Day were specifically chosen to overlap with the areas of cooperation outlined in the Treaty and highlight practical ways in which the legal community of Ukraine and the UK can contribute to resolving day-to-day issues faced by Ukrainian businesses and private individuals. The aim of the conference was to serve as a springboard for working groups coordinated by the International Committee of the Bar Council which can then deliver actionable recommendations in their specific spheres.
One obvious area for collaboration is the 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments, which is already in force in Ukraine and entered into force for the UK on 1 July 2025. A UK-Ukraine working group will examine how the Convention is applied in both countries and offer best practice recommendations for due process and mutual enforcement of judgments, as well as report in due course on the use of the Hague Convention to enforce Ukrainian judgments in the English courts and vice versa.
Beyond treaties, matters of English law frequently arise in Ukrainian courts – often without expert input, as was explained at the conference by the Ukrainian Supreme Court Justice Dr Olena Kibenko.
Following up with Justice Kibenko in Kyiv, I learnt of the challenges Ukrainian courts face when applying English law, including lack of access to legal materials and risks of mistranslation or misinterpretation. It was clear that in Kyiv there is appetite for more structured support. A pilot initiative – perhaps launched on a pro bono basis – could allow Ukrainian judges to seek advice on the interpretation of English law issues arising in cases heard by them directly from the English Bar. Over time, this could evolve into a permanent scheme supported by both countries’ ministries of justice.
Another insightful session tackled family law, where both countries’ legal systems often conflict, especially regarding jurisdiction over children. With both Ukrainian and English authorities asserting jurisdiction, contradictory rulings can emerge – highlighting the urgent need for a harmonised approach.
A working group of family law specialists from both nations could explore practical solutions and develop joint recommendations to better protect children’s welfare in cross-border disputes.
The lively discussion, which continued well after the formal part of the Ukraine Law Day was over, and the delegates spilled into the Middle Temple gardens joined by the Attorney General, Lord Hermer KC, and the Solicitor General, Lucy Rigby KC MP, was a testament to the depth of interest and shared purpose among the participants. The Ukraine Law Day marked the beginning of an ambitious long-term collaboration between two legal communities with distinct traditions but united by a common commitment to the rule of law.
As Ukraine looks westward in its legal evolution and the UK extends its global partnerships post-Brexit, the Ukraine Law Day and the work that continues following it, provide a unique opportunity to build a lasting framework of cooperation and promote the standing of the English legal profession and the Bar not only in Ukraine but internationally.
From recovery of war losses to helping families fractured by the war, the initiatives commenced and connections forged during the Ukraine Law Day have the potential to shape practice, policy, and everyday delivery of justice in both countries.
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