Let's get ready to rumble - Important changes in Commercial Court practice from February 2008

Client accountability and involvement in the process of litigation, shorter statements of case, shorter trials, use of court-endorsed lists of issues, early judicial view on issues and summary assessment of costs under £250,000 are among the changes coming into force in the Commercial Court from 1 February 2008. Parties and their advisers will be expected to be familiar with the changes and to conduct litigation accordingly.

The changes are not just "procedural". Some will impact directly upon businesses and in particular senior management, who will be required to take a pro-active role in cases and show a greater degree of demonstrable responsibility for the litigation being carried out in a business's name. Focus on "the day job" will not be an excuse and could lead to adverse costs consequences.

Are you ready to rumble?

• Familiarise yourself with the changes being made. This will allow you to address them with senior management within the organisation.
• Review your pre-action protocol procedure for cases likely to proceed in the Commercial Court. Parties are now only required to comply with minimum expectations of the existing pre-action protocol regimes.
• Allocate a senior representative within the organisation to take ownership of each case. This should be someone in a senior management role. Consider creating an internal procedural code to ensure this happens. If you already have such a code in place, consider amending it if appropriate.
• Ensure that the senior representative is fully apprised of every material aspect of the case and made aware of any significant developments. Provide periodic updates at appropriate intervals.
• Arrange a meeting with the senior representative to ensure that he/she is made aware of their role in the litigation and the commitment they will need to give. The role must be taken seriously.
• Be objective about the issues you wish to pursue/defend. The court will use its power to award costs to discourage the parties from behaving unreasonably, for example by awarding costs on an indemnity basis, where a particular allegation is abandoned.

Find out more about the change with Wragge & Co's analysis.