Solicitors Await Outcome of Commercial Court Reforms
The collapse of two high profile commercial litigation cases in 2005 resulted in an ongoing review to Britain’s commercial litigation system. As such, the BCCI and Equitable Life cases - along with calls for reform from clients - brought into question the efficiency of the lengthy and sometimes disruptive legal processes which govern commercial litigation.
The widespread calls for reform resulted in the formation of a working party which includes members of the judiciary alongside commercial solicitors, members of the Bar, in-house lawyers who have been involved in high profile cases and clients. The group, which was established to consider beneficial reforms of the handling of commercial cases, is chaired by Lord Justice Atkins.
The working party came up with a series of recommendations which were trialed from February to December in 2008. Central to the suggested reforms was the intension to ensure the central issues causing conflict between the parties involved should be declared from the outset of the case and signed by the judge. The trial should remain focused on these issues as it proceeds.
The more detailed recommendations piloted included the following:
With the trial period completed at the end of 2008, the recommendations are now being reviewed, which began with a meeting held at the end of January 2009. In the meeting, a central finding from participants was that an additional layer of expense is being added to the exisiting system, simply because there is too much being spent by the parties as they seek to agree on issues which clearly divide them.
Commercial solicitors [http://business.takelegaladvice.com/news-and-information/legal-articles/Property/Commercial-property-solicitor/] will be paying close attention to this most recent round of the discussions. The eventual outcome of the review of the commercial court will have a significant impact on the way they conduct their daily business and handle cases in the future. The work of commercial solicitors includes handling partnership disputes and litigation matters, property litigation work, shareholder disputes and cases of professional negligence, all of which may be effected by the finalised reforms.
The widespread calls for reform resulted in the formation of a working party which includes members of the judiciary alongside commercial solicitors, members of the Bar, in-house lawyers who have been involved in high profile cases and clients. The group, which was established to consider beneficial reforms of the handling of commercial cases, is chaired by Lord Justice Atkins.
The working party came up with a series of recommendations which were trialed from February to December in 2008. Central to the suggested reforms was the intension to ensure the central issues causing conflict between the parties involved should be declared from the outset of the case and signed by the judge. The trial should remain focused on these issues as it proceeds.
The more detailed recommendations piloted included the following:
- Wherever possible, cases should be limited to three months;
- Not all documents should be automatically disclosed, only those which are relevant and helpful to resolving the case. This should be decided through discussions between the parties and the judge presiding over the case;
- The length of witness statements should be limited and should focus strictly on the issues agreed at the start of the case;
- New rules governing opening arguments, including a strict limit on the length of opening and closing speeches, which must focus on the agreed issues;
- The cross examination of witnesses should be limited and focused.
With the trial period completed at the end of 2008, the recommendations are now being reviewed, which began with a meeting held at the end of January 2009. In the meeting, a central finding from participants was that an additional layer of expense is being added to the exisiting system, simply because there is too much being spent by the parties as they seek to agree on issues which clearly divide them.
Commercial solicitors [http://business.takelegaladvice.com/news-and-information/legal-articles/Property/Commercial-property-solicitor/] will be paying close attention to this most recent round of the discussions. The eventual outcome of the review of the commercial court will have a significant impact on the way they conduct their daily business and handle cases in the future. The work of commercial solicitors includes handling partnership disputes and litigation matters, property litigation work, shareholder disputes and cases of professional negligence, all of which may be effected by the finalised reforms.
