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LPC Law Notes Commercial Dispute Resolution Notes

Unit 7 – Commercial Court Notes

Updated Unit 7 – Commercial Court Notes

Commercial Dispute Resolution Notes

Commercial Dispute Resolution

Approximately 305 pages

A collection of the best Commercial Dispute Resolution notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor". In short these are what we believe to be the strongest set of Commercial Dispute Resolution notes available in the UK this year. This collection ...

The following is a more accessible 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:

Unit 7 – Consolidation CDR

Commercial court part 58 and commercial court guide

  • Only operates out of royal courts of justice in London

  • But number of mercantile courts in district registries of large cities (these are for more modest claims) governed by part 59 and mercantile court guides for each court

Part of QBD High Court

  • judges are specifically assigned and practiced in the court before becoming judges and therefore experts)

  • court attracts highly complex cases involving vast sums of money

CPR and PD 58/Commercial court guide deals with the court

Court encourages advance disclosure of information and to provide written summaries which can be read by the judge (disclosure of electronic data and documents)

PD 5C – the commercial court can be started and continued electronically

CPR 58.1(2)(c) – commercial claim, any claim arising out of transaction of trade and commerce relating to:

  1. business doc/contract

  2. export/import of goods

  3. carriage of goods by land, sea, air, pipeline

  4. exploitation of oil, gas, natural resources

  5. insurance and re-insurance

  6. banking and financial services

  7. operation of market and exchanges

  8. purchase and sale of commodities

  9. construction of ships

  10. business Agency

  11. arbitration

  • Apart from arbitration Part 7 claims started using N1(CC) claim form and Part 8 N208(CC) claim form

Transfer:

Possible from and to. CPR 30.5 app for transfer to/from a specialist list must be made by judge dealing with claims in that list

  • judge has virtually unfettered discretion in deciding whether case suitable

  • judge can remove claim from court on own initiative or app of another party

  • no rigid financial limit, claim 200,000 is likely to be transferred out unless a special commercial interest

  • usually will be transferred out to Mercantile courts

How does CPR relate to Commercial court?

  • Part 58.3 Rules and their practice directions (in cpr) apply to claims in the commercial list unless this part or a practice direction provides otherwise.

CPR

15 – Defence and reply

20 – Counterclaims and additional claims

58 – Commercial court


OUTCOME 2 – Explain steps which C, D and TP must take in commercial court to issue CF up until date C requests for first CMC

Commencement of claim in commercial court:

  • Commenced by either part 7 (practice form n1(cc)) or part 8 (practice form n208(cc)) CF (claim form)

Statements of case – guidance set out in part c and appendix 4 of the CCG

  • Generally the rules are similar to part 16 of CPR BUT

  • para 12 appendix 4 CCG – evidence SHOULD NOT be included in statement of case

  • para c1.1(b) CCG – evidence should be no longer than 25 pages. Court can give permission for longer if good reason to

  • PD58 para 9 – commercial court will not serve docs. Service must be effected by the parties

  • All docs verified by statement of truth, original text retained and using foot/margin notes. If extensive amendments then docs should be retyped and accompanied by a copy showing where/when amendments made CCG para C5.1(d)

Statements of case and time limits main claim:


OUTCOME 1 – Explain how to use Part 20 to bring a claim on behalf of a D against another party:

The Claimant issues claim form and serves it and the Particulars of Claim on the Defendant.
The Defendant acknowledges service of the Particulars of Claim stating an intention of defending the claim.
The Defendant issues a Part 20 Claim Form. (D must not file defence before issuing P20 CF otherwise will incur costs involved in applying for permission to joint TP) [usually done at same time]
The Defendant files a Defence.
The Defendant serves the Part 20 Claim on the Part 20 Third Party.
The Part 20 Third Party acknowledges service of the Part 20 Claim.
Deemed service of the claim form and POC
D must acknowledge service (without 14 days of service of CF) CPR 58.6(2)
Main Claim Additional claim
D must file defence within 28 days of service of POC - CPR 58(1) & 15.4(1)(b)

At same time/before filing defence D must issue P20 CF (if not then D would have to apply for permission from the court) – CPR 20.7(3)(a)

Should have a statement of truth PD20 para 4.1

If a counterclaim then defence and counterclaim should be in the same doc PD20 r6.1

C within 14 days of service of the defence must:

a) apply to the court for a date for the CMC – PD 58 para 10.2

b) serve a defence to any counterclaim – CPR 20.3(1) & 15.4(1)(a)

Within 14 days of issuing P20 claim, D must serve it on TP – CPR 20.8(1)(b) with:

  1. POC of P20 claim – CPR 20.7(4)

  2. Response pack + copy of every statement of case already served - CPR 20.12(1)

And D must serve a copy of the P20 CF on C – CPR 20.12(2)

Within 21 days of service of the defence C may file a reply to the defence – CPR 58.10(1) Within 14 days for service of the P20 CF, TP must acknowledge service – CPR 20.3(1) & 58.6(2)
Within 28 days of P20 CF, TP must serve its defence to P20 claim – CPR 20.3(1) & 58.10(1) & 15.4(1)(b)
CMC will deal with directions for trial for both the main action and additional claim – CPR 20.13 & PD 58 para 12/CCG D10.5/6

Allocation

  • There is no directions questionnaire, all cases treated as allocated to the multi track r58.13(1)/CCG D1.2

  • BUT parties must provide info about case on CMIS 7 days before CMC PD58 10.7

Case management:

  • r1.4 is courts duty to manage cases

(1) Court must further OO by actively managing cases

(2)Active case management includes:

- r3.1 Courts case management powers (stay proceedings, consolidate proceedings, set pre-trial timetable etc)

Case management in CMC:

  • All cases must have a CMC

  • For applying for CMC/when it is see above

  • CCG D2 sets out key features of case management

Statements of case exchanged within fixed/monitored time periods
Case memorandum, list of issues and case management bundle produced at early stage
Case management bundle amended on running basis and list of issues used to determine what evidence needed
Court will approve/settle list of...

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