Greater flexibility between Indian and UK legal professions key to shared prosperity: UK Attorney General Richard Hermer KC

Greater flexibility between the legal professions in India and the United Kingdom will be critical to boosting trade and deepening bilateral ties between the two countries, said Attorney General for England and Wales Richard Hermer KC.

“The more flexibility we have between our legal professions, the better we are going to serve our combined vision of greater prosperity for Britain and for India,” said Hermer.

He was speaking at a legal gathering in London hosted by Bryan Cave Leighton Paisner (BCLP), the Law Society of England and Wales and the General Counsels' Association of India (GCAI).

During a question-and-answer session after his speech, Bar & Bench Editor Pallavi Saluja asked the Attorney General a series of questions on the exclusion of legal services from the India–UK Free Trade Agreement (FTA), regulatory developments allowing foreign lawyers entry into India and the positioning of London as a preferred seat for international arbitration.

Responding to a question on whether the exclusion of legal services from the India–UK FTA finalised in May 2025 was a missed opportunity, Hermer declined to comment on the specifics of negotiations. However, he emphasised,

“We move ever closer with our legal professions and legal services. I mean, not only do we share the same values, our same belief in rule of law, common law, we both have common law heritages with obviously an intertwining of our histories. There is so much opportunity."

He added that legal systems in both jurisdictions play a central role in supporting economic activity, highlighting the interplay between law and commerce.

“There's a real synergy, I think, between both the United Kingdom's and India's approach to the mix between law and business and commerce... Our kind of shared belief that the strength of our legal system has a reflection, indeed is sometimes a driver of the success of our business community, of our industry, of commerce and our financial markets, because they're underpinned by our shared belief in the rule of law,” observed Hermer.

Saluja also asked about what “full reciprocity” might look like in light of the recent rules notified by the Bar Council of India permitting foreign lawyers to practise in India on a limited, non-litigation basis.

Hermer pointed to the broader principle of increasing openness and collaboration.

“There is real opportunity for both the United Kingdom legal community and the Indian legal community in ever greater flexibility in how we work with each other and where we work with each other...real stress on the benefits of that provides to not simply the legal professions in both of our countries, but business and therefore the population of both our countries,” he said.

On international arbitration, Saluja asked how England and Wales could retain London’s position as a preferred seat for India-related disputes amid growing competition from emerging hubs such as Singapore and Dubai. Hermer responded,

“We provide certainty. One of the joys of our shared common law heritage is that the common law provides a great degree of that brilliant mix between certainty and but sufficient flexibility. We have not least through our judiciary, we have a pool of really world class arbitrators and world class arbitration facilities here. And it strikes me that London is the perfect place for people to be resolving their international disputes.”

In his earlier address at the gathering, Hermer framed the India–UK relationship as one anchored in mutual respect for the rule of law. He highlighted how this shared foundation translates into economic benefits, particularly in a globalised environment. He observed,

“In today's globalised economy that nations that respect the rules of the game are nations that prosper. Because certainty, and the certainty that adherence to the rule of law provides, is the bedrock of businesses flourishing. Whether domestic businesses or international investors, it provides the stability, the assurance that rules will be followed, that institutions can be trusted and that disputes, when they do arise, as they inevitably do in business, will be resolved fairly with independent adjudication.”

He also described India’s recent regulatory steps on foreign lawyers as a pivotal moment for its integration into the global legal market.

“The Bar Council of India's regulation of foreign lawyers are at a significant juncture. Not just in our bilateral relationships, but India's legal powerhouse and its relationship with the world,” he said.

Concluding his remarks, the Attorney General said,

“Let me conclude with pleasure by reaffirming the United Kingdom's commitment to our partnership with India that we believe will shape the decades ahead. The opportunities ahead are enormous.”