Steel leads case reform group
A high-level litigation working party considers 'cradle to grave' case management, 3 Verulam Buildings expands with bigger premises and the Bar Council election results are posted. Claire Ruckin reports on the latest developments at the Bar
December 06, 2006 at 07:03 PM
6 minute read
A high-level 'post- BCCI ' working party has been set up to address the challenge of managing complex commercial litigation cases, with members of the Bar taking a leading role in the initial stages of the review.
Mr Justice Richard Aikens will chair the eight-strong committee, announced at the end of last month (23 November), which will seek to draft reforms aimed at speeding up complex commercial litigation.
The group was set up by the commercial court's head judge, Mr Justice David Steel, as an outcome of a commercial court symposium which he hosted in October.
Mr Justice Aikens said: "We will be considering all possible ways of improving effective management of large trials." He added: "We have a clean sheet of paper and broad terms of reference."
Judicial and Bar representatives on the committee include Mrs Justice Gloster, the chairman of the Commercial Bar Association, Robin Knowles QC, and two junior barristers – Brick Court Chambers' Alec Haydon and Alison Pad-field of Devereux Chambers. Other members include the president of the London Solicitors Litigation Association, Clifford Chance partner Simon Davis, Lovells partner Graham Huntley and the Royal Bank of Scotland's general counsel Stephen Pearson.
However, membership is understood to remain open with the possible addition of another commercial court user from an accountancy firm thought possible.
Aikens said: "The team we have is excellent; it is quite small but I think the larger the working party, the more difficult it is to work effectively." He added: "We will be consulting with a large number of people."
Mr Justice David Steel said: "The two crucial elements are that the working group is manageable in terms of size and it has as broad a representation as possible."
He added: "There is nothing special about big cases, they merely exaggerate the problems in every case."
Although the group's precise remit has not yet been decided, it will be considering a number of proposals aired at the symposium including calls for greater case management power, tighter timetables for litigation and restrictions on both disclosure of electronic material and the length of witness statements. One suggestion that may be considered is the reintroduction of oral witness statements for crucial areas of cases.
Steel commented: "We have to exercise a greater degree of discipline in regard to witness statements and maybe go back to the old days where evidence, with regard to the crucial elements of the case, is given orally."
Another popular option is to introduce a widespread docketing system with judges allocated cases at an earlier date, signalling a move towards 'cradle to the grave' case management.
It is understood that an amended edition of the Commercial Court Users Guide will be produced after conclusions are drawn from this working party. The seventh edition of the Commercial Court Users Guide was published last month (16 November) – the first of its kind since 2002 – where Mr Justice Aikens played a key role chairing the drafting committee.
3VB takes on extra space
3 Verulam Buildings is to take up a greater portion of Verulam Buildings. The extension, subject to lease agreement, will see 3 Verulam Buildings spread into number one and the rest of number five Verulam Buildings; it currently occupies numbers two, three, four and a quarter of five Verulam Buildings.
The space became available after Old Square Chambers moved from Verulam Buildings to its new premises in Bedford Row in October. Head of chambers Christopher Symons QC is conducting the negotiations.
The extra premises will provide greater space for existing members and chambers expects to exchange as soon as possible with completion planned in the new year.
The extra space will allow for a new administration area for clerks and staff as well as providing more space for improved conference facilities with a theatre-style conference suite under consideration.
Senior practice manager Nick Hill said: "The general feeling throughout chambers is very positive and upbeat. It will give us some of the best accommodation at the Bar."
Election results
The Bar Council election results have been announced, with members elected from a broad range of chambers. The results, announced at the end of last month (23 November), saw a total of 18 individuals elected from a possible 36 candidates.
The successful candidates, elected for a three-year term between 2007 and 2009, will effectively take up their positions on 1 January, joining the 109-member council.
Falcon Chambers' Jonathan Brock QC and 2 Bedford Row's Peter Lodder QC have both been re-elected for the self-employed QC category.
Brock, who is chairman of the Bar Council's European committee and also sits on the general management committee, said: "I am certainly pleased to be re-elected. I shall do my best to represent constituents and make sure the Bar is responsibly led."
Brock cited the Carter reforms as one of the major challenges the Bar Council will face next year as well as making sure the division between the representative function of the Bar Council and the regulatory side, handled by the Bar Standards Board, operates effectively. "There is a potential problem when one institution is divided into two, in that it costs more."
He added: "Obviously the chairman Geoffrey Vos QC has been involved heavily in this but I remain convinced that there is always a danger that the Bar's position [could be] hijacked by the Government."
Newly-elected council members over seven years' call include 4 Paper Buildings' Charles Hale, Serle Court's Nicholas Lavender, 3-4 South Square's Adam Goodison, Furnival Chambers' Fiona Jackson, 9 Gough Square's Tom Little – chairman of the Young Bar – 1 Stanley Place Chambers' Jeannie France-Hayhurst and 2 Hare Court's Zubair Ahmad.
The new members under seven years' call are Furnival Chambers' Faisal Osman, Hogarth Chambers' Alexander Learmonth, 4 Paper Buildings' Belle Turner and Queen Elizabeth Building's Charanjit Batt.
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