The New Commercial Court Guide – what litigators need to know

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 KC, Nicola Allsop, Maya Chilaeva and Turlough Stone summarise and discuss the changes. John Kimbell KC, 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