Symposium: overhaul may include limiting witness statements and electronic disclosure

Proposals for widespread allocation of cases to specific judges, limitation of the length and cost of witness statements, and restricted disclosure of electronic material could all be included in a major overhaul of the rules governing the Commercial Court.


The possible changes emerged out of a symposium convened earlier this week by the judge in charge of the court, Mr Justice David Steel, and attended by members of the judiciary, practising lawyers, court users and others.


Other likely amendments to the rules include listing cases to ensure judges have adequate reading time, a facility for judges to give early indications as to the merits of a case, and an emphasis on the 'vigorous' exercise of case management powers.


The symposium was called amid concerns about the negative impact of the collapse of claims in the BCCI and Equitable Life litigation.


Judge Steel said the debate was timely. '[This is] not just because of the expressions of concern over the length of cases, but also because the government is about to approve construction of a new business court building,' he added. 'Against that background, no court with our good reputation can afford to stand still.'


Delegate Georgina Squire, a partner at London firm Rosling King and former chairwoman of the Law Society's civil litigation committee, said: 'It was recognised by everyone that it would be good if cases could be managed more proactively by judges generally. People can get away with a lot of amendments to proceedings which have significant cost and time consequences.'


The Commercial Court users' committee is expected to launch a standing sub-committee to make recommendations for changes to the court guide.