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THE ADMIRALTY & COMMERCIAL COURTS GUIDE 2006

 

A  Preliminary
A1   The procedural framework
A1.1   Proceedings in the Commercial Court are governed by the Civil Procedure Rules ("CPR") and Practice Directions. CPR Part 58 and its associated practice direction deal specifically with the Commercial Court. Part 61 deals with the Admiralty Court and Part 62 deals with arbitration applications. Parts 58 and 61 and their associated practice directions are set out in Appendix 1; Rule 62 and its associated practice direction is set out in Appendix 2.
A1.2   The Admiralty & Commercial Courts Guide is published with the approval of the Lord Chief Justice and the Head of Civil Justice in consultation with the Judges of the Admiralty and Commercial Courts and with the advice and support of the Admiralty Court and Commercial Court Committees. It is intended to provide guidance about the conduct of proceedings in the Admiralty and Commercial Courts and, within the framework of the Civil Procedure Rules and Practice Directions, to establish the practice to be followed in those courts.
A1.3   In matters for which specific provision is not made by the Guide, the parties, their solicitors and counsel will be expected to act reasonably and in accordance with the spirit of the Guide.
A1.4   The requirements of the Guide are designed to ensure effective management of proceedings in the Admiralty and Commercial Courts. If parties fail to comply with these requirements the court may impose sanctions including orders for costs and (where appropriate) wasted costs orders.
A1.5   Pre-trial matters in the Admiralty and Commercial Courts are dealt with by the judges of those Courts: PD 58 Paragraph 1.2.
A1.6   The Court expects a high level of co-operation and realism from the legal representatives of the parties. This applies to dealings (including correspondence) between legal representatives as well as to dealings with the Court.
A1.7   In order to avoid excessive repetition, the Guide has been written by reference to proceedings in the Commercial Court. Practitioners should treat the guidance as applicable to proceedings in the Admiralty Court unless the content of Part 61 or Section N of this Guide ("Admiralty") specifically requires otherwise.
A1.8   Parties may communicate with by e-mail with the Commercial and Admiralty Courts on certain matters:
 
(a)   to communicate the Case Management Unit, including the lodging of progress monitoring information sheets;
 
(b)   to communicate with the Registry in relation to the approval by the Judge of draft Order following a hearing before that Judge, queries on Orders made, requests to transfer a case into or out of the Commercial Court and general correspondence, including questions on practice;
 
Note:   Orders submitted for sealing must be submitted on paper.
 
(c)   to communicate with the Listing Office in matters relating to listing (including the lodging of pre-trial checklists) and to lodge skeleton arguments with the listing office;
 
(d)   to communicate with the Admiralty Marshal (except for out of hours business).
 
Note:   The Court cannot accept any other documents by e-mail at present. In particular e-mail cannot be used to lodge pleadings, affidavits, witness statements, case memoranda and lists of issues. A Guidance Note for communications with the Court by e-mail is set out in Appendix 17.
A2   The Admiralty & Commercial Registry; the Commercial Court Listing Office
A2.1   The administrative office for the Admiralty Court and the Commercial Court is the Admiralty & Commercial Registry ("the Registry") which is located at Room EB13 in the Royal Courts of Justice, Strand, London WC2 A 2LL. The Commercial Court Listing Office ("the Listing Office") is located at Room EB09 in the Royal Courts of Justice, Strand, London WC2 A 2LL.
A2.2   It is important that there is close liaison between legal representatives of the parties and both the Registry and the Listing Office.
A3   The Commercial Court Committee
A3.1   The success of the Court's ability to meet the special problems and continually changing needs of the commercial community depends in part upon a steady flow of information and constructive suggestions between the Court, litigants and professional advisers.
A3.2   The Commercial Court Committee has assisted in this process for many years. It is expected to play an important part in helping to ensure that the procedures of the Court enable the achievement of the "overriding objective". All concerned with the Court are encouraged to make the fullest use of this important channel of communication. Correspondence raising matters for the consideration of the Committee should be addressed to the Clerk to the Commercial Court, Royal Courts of Justice, Strand, London WC2 A 2LL.
A4   Specialist associations
A4.1   There are a number of associations of legal representatives which liaise closely with the Commercial Court. These will also play an important part in helping to ensure that the Court remains responsive to the "overriding objective".
A4.2   The associations include the Commercial Bar Association ("COMBAR"), the London Common Law and Commercial Bar Association ("LCLCBA"), the City of London Law Society, the London Solicitors Litigation Association and the Admiralty Solicitors Group.