REFORMS: limits proposed on trials and barristers' speeches


Complex commercial cases are set to become shorter and cheaper following reforms outlined in response to the notoriously long-running BCCI and Equitable Life cases.



The long trials working party, chaired by Mr Justice Richard Aikens, recommended that no trial, however complex, should be listed for more than three months, and barristers' opening and closing speeches be limited to two days.



Another recommendation was the early creation of a judicially settled list of issues, to be used to set the parameters for disclosure of documents and the content of witness statements and expert reports.



There were also proposals to encourage the greater use, in appropriate cases, of summary judgment and striking-out procedures, and to limit the length of arguments at trial.



All Commercial Court judges will apply the proposals for a trial period from 1 February to 31 July 2008.



Mr Justice Aikens said: 'Many of our proposals have been designed specifically to ensure that cases remain manageable not just for judges but also, critically, for clients who rightly feel that aspects of heavy and complex litigation have become too expensive and drawn out.'



Simon Davis, president of the London Solicitors Litigation Association and a member of the working party, said if parties knew from the outset that their time was limited, it would help them focus on the issues in dispute, but whether it worked would depend on party and judicial engagement and support.



Mr Davis added: 'In truly exceptional cases, there will be the ability to extend the time-limits. There is no point in shortening things at the expense of justice.'



Patrick Sherrington, head of Lovells' international dispute resolution practice, welcomed the plans but questioned whether judges would attach themselves to cases and be given sufficient time and resources to provide the hands-on management the reforms require.



Catherine Baksi