The Commercial Court Notes

The Commercial Court

Procedure

• CPR 58, PD 58 – Vol 2 of WB

• Admiralty and Commercial Courts Guide

  • Guidance to procedure and PDs

  • Doesn’t give rules to judges

  • Purpose to ensure effective management of cases

Types of cases

• Complex domestic and international business disputes – CPR 58.1(2)

  • Business documents/contracts

  • Export/import of goods

  • Carriage by land/sea/air/pipeline

  • Exploitation of oil/gas/natural reserves

  • Insurance

  • Banking

  • Operation of markets

  • Purchase/sale of commodities

  • Construction of ships

  • Business agency

  • Arbitration

Pre-action Conduct and commencing

• No specific protocol

• PD PAC usually used

• Commencement:

  • Part 7 or Part 8

  • 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:

  • D must file an acknowledgment in every case

  • Domestic disputes – 14 days after service of CF (whether with PoC or not)

  • Ds must use form N9(CC) to acknowledge service for Pt 7

• Challenging jurisdiction

  • Within 28 days after acknowledging

• Defence

  • D must file a defence

• Reply

  • Only when necessary

  • Only state what is necessary and not repeating PoC

  • 21 days after receipt of defence

• Statements of case

  • Should not exceed 25 pages

  • Can apply for permission to serve a longer document - exceptional

Case management

• Automatically allocated to Multi Track

• Pt 29 applies in limited form

  • Case management governed by 58.13

• Case memorandum

  • Uncontroversial summary of the case

• List of issues and CM bundle

• CMC

  • DQs not needed

  • All parties attending must serve case management information sheet beforehand

• Court takes active CM role

Interim applications

• Applications on the papers

  • Court can deal with application without hearing

  • If:

    • Parties agree to terms of order

    • Parties agree that court should dispose without hearing

    • Court does not consider a hearing appropriate

  • Application likely to require oral...

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