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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

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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