India's Legal Reforms Praised by Top UK Barrister

A leading UK barrister, Shri Sudhanshu Swaroop, KC, has offered a surprising perspective on his country's legal system, suggesting the UK could learn from India's recent legal reforms. Speaking at a conference organized by the General Counsels Association of India, Swaroop candidly highlighted a major flaw in the UK's legal approach to contract disputes: its heavy reliance on monetary damages as the primary solution.

In the UK, damages are the standard remedy for a breach of contract. This process, according to Swaroop, often leads to a long and grueling legal battle he described as "several years of trench warfare." He argued that this focus on financial compensation distracts from the true goal of a contract: performance.

Swaroop expressed genuine intrigue at India's recent legal amendments, which have prioritized specific performance. This means courts are more likely to order the parties to fulfill their contractual obligations, rather than simply paying out damages.

For Swaroop, this move by India is a refreshing and pragmatic step. He reasoned that business people want their contracts performed, not to be stuck in endless court battles. He ended his remarks by questioning whether the UK should "reimagine" its own legal framework, suggesting that India’s new approach may be a better model for modern business.