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Report on long trials released

03 January 2008
Issue: 7302 / Categories: Legal News , Legal services , Procedure & practice , Profession
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Legal Services

Plans to make trials in complex cases shorter and more structured have been drawn up in a report by the Commercial Court’s Long Trials Working Party.

The report, which has been adopted by the Commercial Court judges and the Committee of Users of the Commercial Court, outlines proposals to limit the length of statements of case and the early creation of a judicially settled list of issues. This will take case management precedence over statements of case and be used to set the parameters for disclosure of documents and the content of witness statements and expert reports.
There are also proposals to encourage the greater use of summary judgment and striking out procedures in the Commercial Court and to limit the length of written and oral arguments at trial.

The working party, chaired by Mr Justice Richard Aikens, was set up following criticisms arising from the BCCI/Bank of England case and the Equitable Life case. Aikens says: “Recent cases have highlighted the need for the Commercial Court to look carefully at its procedures and large case management arrangements to ensure they remain up-to-date and relevant for the business community that we serve. “Many of our proposals have been designed specifically to ensure that cases remain manageable not just for judges but also, critically, for clients who rightly feel that aspects of the process of heavy and complex litigation have become too expensive and drawn out.”

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