A top-level, post-BCCI commercial litigation working party, chaired by the judge in charge of the commercial court Mr Justice Aikens, is to lay out its proposals in an ambitious bid to reform the way complex cases are managed.

The nine-strong group, which includes senior Bar figures Mrs Justice Gloster and chairman of the Commercial Bar Robin Knowles, will next month lay out its plans which include calling for greater use of court sanctions by judges, in a bid to ward off escalating legal costs in large commercial litigation.

In its interim report the working party looks likely to recommend that judges punish those failing to comply with the Commercial Court Users Guide (CCUG) more speedily than they currently do.

Aikens told Legal Week: "The CCUG could be adapted and used a little more – or a lot more – forcefully that is has been."

London Solicitors Litigation Association president Simon Davis, a member of the working party, commented: "The CCUG aims to tailor the Civil Procedure Rules (CPR) and amend them where necessary to make sure commercial cases are dealt with efficiently and expeditiously."

He added: "There is a considerable amount of action that the judges can take under CCUG and the CPR, but the powers are not always appreciated by the parties or exercised by the judges."

However, the measure looks likely to receive a mixed response from those in the profession. Wilberforce Chambers chief executive Declan Redmond commented: "Tighter enforcement is an excellent idea as it will keep people focused on reaching deadlines and keeping to timetables, which are prone to slip on big trials."

Essex Court Chambers Richard Millett QC countered: "The commercial court ought to be promoting itself as providing, as it does, a first-class service within a world-class court system, with tough and effective management. But imposing draconian measures on users of the court rather suggests that users and their representatives are, as a rule, naughty schoolchildren who need to be disciplined. That sends out entirely the wrong message."

The working party, which was set up by Mr Justice David Steel after a commercial court symposium last October, is also likely to propose increasing communications through regular guidance notes in the form of a leaflet or via the CCUG website, in an effort to streamline the process and prevent big-ticket litigation spiralling out of control.

Bar Council chairman Geoffrey Vos QC commented: "The more people exchange ideas for efficient trial management, the better. Not every idea for streamlining a trial works in every case, therefore the more communication the better. Judges and practitioners are not to know what other people are always doing."

Millett said he would like to see easily accessible, monthly commercial court updates on the availability of judges at short notice, how far ahead trials are being booked, statistical information, how many cases are over and under-running, as well as the type of cases going through the courts – all provided on a website.

Other recommendations may include a so-called 'docket system' in which two judges take on and follow a case throughout its duration.

The working party is set to make these recommendations in its interim report to the commercial court users committee in June, with an aim to present its final report by the end of the year.

Bar Council lobby gets backing

A major lobbying offensive by the Bar Council has paid dividends in a House of Lords victory, with the upper house voting in favour of amendments to the Legal Services Bill last month (16 April).

The amendment, introduced by former Bar Council chairman Lord Neill of Bladen to allow the Lord Chief Justice Lord Phillips of Worth Matravers to assist the Lord Chancellor in making appointments to the Legal Services Board, was backed by peers by 175 to 134.

The amendment was the first victory for the Bar Council in its lobbying regarding the Bill. Nine Gough Square's Tom Little, a former chairman of the Bar Council's Young Bar committee, said: "This is a welcome decision which I hope the Government takes account of and keeps intact when the Bill moves to the House of Commons."

Bar Council chairman Geoffrey Vos said: "This will reduce the perception that appointment to the Legal Services Board could be subject to inappropriate political influence."

"I am afraid that the Lord Chancellor, with his other duties, would have lost touch with goings-on, so this is a positive decision by the Lords," said a senior clerk at one chambers.

This is the first opportunity peers have had to vote on amendments since the Bill entered its report stage. They will be voting on further amendments to the bill next week (8 May), focusing on issues such as complaints handling and costs. The Bar Council continues to lobby for the Office for Legal Complaints to delegate service and conduct complaints handling to the Bar Standards Board.

Vos added: "We will continue to make the strongest possible representations to ensure that the public gets
a bill which is fair and workable."

Agriculture practice for No5 Chambers

The UK's largest set, No5 Chambers, last month launched an agricultural group. The newly-formed practice, which is headed by deputy head of chambers Paul Bleasdale QC, includes 37 members drawn from the set's seven core practice groups across the Birmingham, Bristol and London offices.

The group will cover property, employment, commercial and contractual disputes, planning and environmental issues for landowners and agricultural businesses, as well as licensing applications and veterinary negligence claims.

No5 practice director Tony McDaid said: "As a multi-disciplinary chambers we regularly receive instructions dealing with all of these areas. Nothing annoys our clients more than having to explain all of the background to their situation before even getting to their legal problem."