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03 January 2008
Issue: 7302 / Categories: Legal News , Legal services , Procedure & practice , Profession
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Report on long trials released

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.”

MOVERS & SHAKERS

Winckworth Sherwood—Charlotte Coleman & Qaisar Sheikh

Winckworth Sherwood—Charlotte Coleman & Qaisar Sheikh

Two promoted to partner in property litigation and education teams

Dorsey & Whitney LLP—Peter Knust

Dorsey & Whitney LLP—Peter Knust

Cross-border finance and restructuring specialist joins as of counsel in London

Powell Gilbert—Callum Beamish-Lacey

Powell Gilbert—Callum Beamish-Lacey

IP firm promotes litigator to partnership

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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