Report: 'outdated technology and poor accommodation'

The Commercial Court significantly increased the number of trials it dealt with last year - but was hindered by 'out-dated technology and very poor accommodation', the court's 2005 annual report found last week.


The number of trials heard soared by 67% to 97 in 2005, despite court time being taken up by three large trials - including the Three Rivers case brought by the creditors of the Bank of Credit and Commerce International (BBCI), and Equitable Life's action against accountancy firm Ernst & Young.


The court achieved a 65% settlement rate in cases where a trial date had been given - a drop on the previous year's rate of 74%. The report attributes the high settlement rate to a tight case management schedule and 'very reasonable' lead times before trial.


The court remains predominantly international, with more than half of all claims issued involving foreign claimants and defendants. The vast majority of cases concerned sums 'well in excess of £1 million', while the largest was for £1 billion.


The report noted that there is a 'pressing need' for new accommodation for the court. Construction will begin on a court building next March, with a move predicted for 2009 (see [2006] Gazette, 6 April, 1).


Val Davies, a litigation partner at City firm Norton Rose, said the court's judges and staff provide an excellent service in the circumstances, adding: 'It seems from the report that the Commercial Court has successfully fought off competition from the Chancery Division to retain jurisdiction over competition disputes, which is a future growth area.'