Commercial Law
“AS I SAID AT PAGE 426 OF THIS JUDGMENT...”
Stand by for a new commercial court six-month pilot scheme starting on 1 February 2008. It will apply the recommendations of the post BCCI long trials working party which has recently reported. It takes solicitors, counsel and experts to task—ushers and canteen staff escape censure— complaining that pleadings, witness statements, and expert reports are all too long. But it is conceded that judgments are equally long, getting longer and ought to be shorter.
Among the recommendations to be given (at least) short-term life are:
less burdensome pre-action protocol compliance;
cost of pre-action work, particularly in large cases, to be kept to a minimum with parties exercising restraint;
letter of claim in a commercial court destined case to be concise and only essential documents to accompany;
the response to be concise and only key documents to go out;
sometimes appropriate to start proceedings without following a pre-action protocol where, say, forum shopping is threatened;
