With the English Court’s reputation for managing large-scale commercial disputes under scrutiny following the notoriously costly and lengthy BCCI and Equitable Life proceedings, the Commercial Court users’ committee working party has considered all aspects of conducting heavy and complex litigation in the Commercial Court and has made recommendations with a view to rationalising commercial litigation procedures.
The recommendations centre around the aim of requiring the parties and the Court to identify the pivotal issues between the parties as soon as possible, and undoubtedly make sense as a matter of theory. But can they have any real impact until the Commercial Court is provided with adequate judicial resources to enable it to pursue their substance, rather than merely their form?
