The Commercial Court and Admiralty Court have published their annual Report, reflecting on how the courts have handled business and cases during the period 2004–5.
The Courts handle large business disputes, many of which have an international dimension. Cases usually involve millions of pounds or US dollars. The largest claim noted in this period is in excess of US$ 1 billion.
Cases handled during the period included those which reached the front pages of newspapers as well as their city pages – for example the action brought by the liquidators of BCCI (Bank of Credit and Commerce International) and the Equitable Life Assurance Society dispute.
Mr Justice (Sir Richard) Aikens, Judge in charge of the Commercial Court, commented:
“The Courts have had another busy year and have had to deal with three very long and complex cases in addition to the usual mix of commercial disputes. Although the total number of claim forms issued in the period was down, this is not a reliable indication of how busy the court has been. For most of the time nine Commercial Court judges were sitting and were fully occupied. The number of trials in 2004 – 5 was actually much higher than the previous year. However we remain committed to procedures that promote settlements of commercial disputes if possible. Last year there were settlements in 65% of cases where trial dates were given.”
The Courts’ attraction for parties from outside England and Wales continues unabated. During 2004 – 2005 (as in previous years) in about 80% of all claims issued in the Commercial Court, one or other of the parties was from outside England and Wales. In 50% of Commercial Court cases all parties were non – resident in England and Wales.
Mr Justice Aikens said:
“The Commercial Court has always been an international court. We wish to remain that way. We realise that the Commercial Court is only one forum available for the resolution of international commercial disputes and, ultimately, it is the parties that chose the forum in this type of dispute. To remain attractive to international commercial litigants we must invest in new court accommodation and technology to match the skill and dedication of the judges and our team of court staff. We are delighted that the first stage of the Commercial Court IT Project is about to start operation.
“We are even more delighted that active steps are being taken to find new accommodation for the Commercial and Admiralty Courts, together with other courts that handle business cases”.
The Admiralty Court also dealt with a broad spectrum of cases in 2005, and although the applications to the court reduced, all but one was listed for hearing. The Court’s reputation on efficient handling of cases involving the arrest, release and sale of vessels was maintained.
The annual report also detailed other noteworthy developments over the past year:
- A survey of the work of the Commercial Court undertaken by Lord Justice May, as part of a wider comprehensive review of judicial resources. This concluded that the large majority of the Court’s work needed to be dealt with at High Court Judge level, and the workload was sufficient to warrant the equivalent of nine full-time High Court Judges if satisfactory lead times were to be maintained.
- Both Courts continue to enjoy extremely fruitful relations with their respective Users’ Committees, comprising a number of distinguished specialists, not confined to the UK. The Users Committees are working with the judiciary on projects of common interest, such as a review of the workings of the Arbitration Act 1996 and the development of electronic files and the issue of proceedings online.
Ends
