Business at the Commercial Court

Mrs Justice Cockerill said there were still too many cases which provide either inaccurate hearing or reading times (or both), at the meeting las month, according to the minutes. Cockerill J stressed that cases which err badly in this regard will be stood out of the list and are likely to be relisted without any expedition and the costs of the second hearing disallowed. She urged court users to think carefully about this and look carefully at any upcoming hearings.

Cockerill J expressed concern that the question of whether or not a case is urgent is not always considered carefully. She highlighted that if urgency is not properly explained then there is a ‘real risk’ the judge will say the case is not urgent. However, she pointed out that having grounds to proceed without notice does not equal urgency.

On the role of virtual and hybrid hearings, she told the meeting the current position is seen as a good operational position. Currently, the default is that anything on a Friday and anything half a day or less will be heard remotely. Everything else is a judicial decision. This allowed for ‘more flexibility’ in the process, she said.

Simmons & Simmons partner Ed Crosse updated the meeting on the disclosure pilot, which has been extended until the end of 2022 to allow amendments to bed in. He said the next step is further consultation, with one specifically with the judiciary due to begin soon.

Crosse said the pilot aims to reduce complexity, and acknowledged this process is tricker in multi-party cases. He emphasised the importance of engaging with any docketed judge at an early stage to work out what needs to be done for each specific case.