OVERVIEW
The new Commercial Court Guide has just been published. This session highlights the key changes which practitioners need to be aware of. The panel of Thomas Macey-Dare QC, Nicola Allsop, Maya Chilaeva and Turlough Stone summarise and discuss the changes. John Kimbell QC, who sits as a Deputy High Court Judge, gives a judicial perspective on topics including:
- Case Management
- Disclosure
- Trial Management and Preparation
- Proof of foreign law
- Negotiated Dispute Resolution
- New guidance on the determination of jurisdiction challenges in arbitration
These latest changes are part of a wider direction from the English Courts on how litigation is conducted. The panel discuss the themes which are emerging such as:
- A bespoke approach to case management
- Investment in litigation from the outset, including the new 'agreed factual narrative' document
- A return to fundamentals
- The key drivers: increased co-operation between the parties and communication with the Court, leading to improved efficiency
- Court encouragement of advocacy by junior counsel
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.