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from PART V - SPECIAL PROCEEDINGS
Published online by Cambridge University Press: 13 December 2017
THE COMMERCIAL COURT: A MAJOR
‘BUSINESS COURT’
This court, which sits in London, is part of the Queen's Bench Division within the High Court. The Commercial Court has its own ‘list’. And it has its own detailed procedural code: The Admiralty and Commercial Courts Guide, a document of surprising richness, amounting to almost a free-standing procedural code for ‘big ticket’ commercial litigation. The Commercial Court deals with the top tier of commercial High Court business. The court's case load consists of familiar commercial transactions, such as charter parties, commodity sales, insurance, and re-insurance. The court also hears appeals from arbitration falling within the scope of the Arbitration Act 1996. There has been substantial investment in the Commercial Court in central London. The new Rolls Building in Fetter Lane in London is a substantial court centre dedicated to High Court litigation, especially in the field of commercial law. It is hoped that improving such facilities will maintain the English legal system's competitiveness in the global market for sophisticated civil dispute resolution. The need to promote English law in the global market-place was the theme of a High Court judge, Sir Geoff rey Vos, in his 2011 KPMG lecture, ‘The Role of UK Judges in the Success of UK PLC’.
Distinct from the Commercial Court is the London Mercantile Court. The latter also deals with business disputes, national and international. But its cases are of lesser financial value and complexity. There are also Mercantile Courts at seven provincial venues. Another court, the Technology and Construction Court, also based in London, has jurisdiction over building construction contracts and transactions concerning information technology. There is also a Patents Court. But here the focus is on the Commercial Court.
Commercial Court judges hear all pre-trial applications, including case management hearings. This contrasts with the general pattern in the Queen's Bench Division where full High Court judges (‘puisne judges’) are generally involved in civil litigation only at trial and Masters hear many pre-trial matters.
The court recognises that there is a global market for commercial litigation. It aims to stay at the ‘cutting edge’ of techniques and to provide a high-quality service to its users.
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