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The Commercial Court Notes

BPTC Law Notes > Commercial Dispute Resolution Notes

This is an extract of our The Commercial Court document, which we sell as part of our Commercial Dispute Resolution Notes collection written by the top tier of City Law School students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Commercial Dispute Resolution Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

The Commercial Court Procedure?

CPR 58, PD 58 - Vol 2 of WB Admiralty and Commercial Courts Guide o Guidance to procedure and PDs o Doesn't give rules to judges o Purpose to ensure effective management of cases

Types of casesComplex domestic and international business disputes - CPR 58.1(2) o Business documents/contracts o Export/import of goods o Carriage by land/sea/air/pipeline o Exploitation of oil/gas/natural reserves o Insurance o Banking o Operation of markets o Purchase/sale of commodities o Construction of ships o Business agency o Arbitration

Pre-action Conduct and commencing?No specific protocol PD PAC usually used Commencement: o Part 7 or Part 8 o Court forms
? Pt 7 proceedings use form N1(CC)
? Pt 8 proceedings use form N208(CC)
? Served by parties NOT court
? Claimants must file a Claim Information Form

Responding to a claim??Acknowledgment: o D must file an acknowledgment in every case o Domestic disputes - 14 days after service of CF (whether with PoC or not) o Ds must use form N9(CC) to acknowledge service for Pt 7 Challenging jurisdiction o Within 28 days after acknowledging Defence o D must file a defence Reply

o Only when necessary o Only state what is necessary and not repeating PoC o 21 days after receipt of defence Statements of case o Should not exceed 25 pages

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