11/18/23, 1:00 PM 2122 cdr ws08 ce01 guide
COMMERCIAL DISPUTE RESOLUTION LAW AND
PRACTICE
Unit 8
Guide
Commercial Court, Part 20 claims, Case Management
Context
The Commercial Court
The Commercial Court specialises in dealing with high value claims arising out of the
transaction of trade and commerce. The types of claim which can be litigated in the
Commercial Court are listed in Part 58.1 of the Civil Procedure Rules.
Procedure in the Commercial Court differs from that in normal Queen’s Bench Division
cases. You will need to be familiar with Part 58 and its Practice Direction.
There is also a specialist court guide – the Admiralty and Commercial Courts Guide –
which you will also need to consult when litigating in the Commercial Court.
All Commercial Court cases are allocated to the multi-track and there will always be a
Case Management Conference (“CMC”). At the CMC, a Commercial Court judge will
scrutinise all aspects of the case. To assist the judge, the parties there are a number
of special documents which the parties are required to prepare and file prior to the
CMC. One of these documents is the List of Issues. This will be a key document
because the case management directions made by the court will be tailor made to
address the issues in the case and on the evidence required to take the case to trial.
Costs budgets will need to be prepared in all cases in the Commercial Court, except
those valued at in excess of £10 million. These will also be framed by reference to the
issues that need to be addressed and the need to ensure that the costs incurred are
proportionate. For these reasons, the List of Issues is highly important and it is
essential to make it as accurate as possible.
Part 20 claims
Often there are more than two parties involved in a commercial dispute. When you are
acting for a defendant, you will sometimes need to protect your client’s position by
issuing a claim against another party, and it accords with the overriding objective for
that claim to be heard and case managed at the same time as the main claim. This
can be achieved by using the procedure set out in CPR Part 20.
Part 20 enables a defendant to bring a claim against a party who is already involved in
the proceedings (e.g. the claimant or another defendant) or against a third party. There
are therefore several different ways in which a Part 20 claim can be brought and it is
important to apply the correct procedure.
2122_cdr_ws08_ce01_guide 1 © The University of Law Limited
about:blank 1/29
,11/18/23, 1:00 PM 2122 cdr ws08 ce01 guide
Often the defendant/Part 20 claimant is asking the Part 20 defendant to contribute to
or indemnify them from any sums which the defendant is found liable to pay to the
claimant in the main claim. This usually means that the defendant has to put their case
in the Part 20 claim in quite a different way to the way they have put it in their defence.
Note that Part 20 is of general application and is not restricted to claims in the
Commercial Court.
Case Management
In all Commercial Court cases, there will be a Case Management Conference (“CMC”).
The CMC is one of the key elements of the litigation process under the CPR generally.
The court generally has very wide case management powers, as set out in CPR Parts
1 and 3.
The CMC is a hearing which takes place early in the life of the case; the judge will
usually make an order giving directions for the exchange of evidence and setting down
a timetable up to trial. The parties are obliged to discuss and seek to agree directions
before the hearing; it is not always possible to agree all of the directions with your
opponent but an attempt to reach agreement should be made.
The legal representatives who attend the CMC must be fully familiar with all aspects
of the case and prepared to answer questions from the judge. The Commercial Court,
in particular, will expect the legal representatives to be able to discuss the legal issues
and the evidence which will be required at trial in a high level of detail.
The court will use the CMC as an opportunity to keep the time involved in preparing
for trial and the complexity of the process and volume of evidence to be obtained to a
minimum. The legal representatives must be prepared to justify the directions which
they are seeking and to link those directions to the issues in the case. The CMC
presents an opportunity for you to ask the court to make the directions which you want
about evidence and other issues. It is important that you have fully grasped all of the
issues in the case and you may be able to gain a tactical advantage for your client
against an opponent who is less well prepared.
Not less than 7 days before the first CMC, the parties are obliged to file and serve a
number of documents, one of which is the Case Management Information Sheet. This
is a document which contains a number of questions about the case and how the party
completing the form proposes to deal with it. The Case Management Information Sheet
is very important. It is your chance to put forward your views as to what the case
requires going forward.
© The University of Law Limited 2 2122_cdr_ws08_ce01_guide
about:blank 2/29
, 11/18/23, 1:00 PM 2122 cdr ws08 ce01 guide
Outcomes
By the end of this Unit you should be able to:
1. Explain the steps which a claimant, defendant and a third party must take and the
documents which must be served in a Commercial Court claim from the issue of
the claim form up until trial.
2. Identify and summarise from the statements of case the legal and factual issues
between the parties and prepare a List of Issues.
3. Complete a Case Management Information Sheet and, in doing so, consider the
scope of a reasonable search for documents (including electronic documents),
the scope of the expert evidence required, whether a stay for ADR is appropriate
and whether a trial of any preliminary issues might be warranted.
Unit Workshop Tasks
In this Unit Workshop, you will
1. Review the deadlines and procedures in the Commercial Court where a Part 20
claim is involved.
2. Review and amend a draft List of Issues.
3. Prepare a Case Management Information Sheet on behalf of your client.
4. Consider evidential and other issues arising from the Case Management
Information Sheet.
Preparation
To prepare for this Unit Workshop you should:
1. View the Tutorial “Case Management in the Commercial Court.”
2. Work through the Demonstration, “Case Management Documents in the
Commercial Court”. In the Unit Workshop, you will be drafting the documents
covered by this Demonstration.
3. View and make notes from Lecture 4 on costs management and electronic
disclosure.
4. Read Chapter 3 of the CLP Commercial Dispute Resolution textbook.
5. Access the Ministry of Justice website and read the following:
CPR 3.1, 3.8, 3.9 and 3.12 to 3.18 (inclusive), 12.3, 15.4, 31.5, 31.6, 31.7, 58.1,
58.5, 58.6, 58.10 and 58.13.
CPR Part 20 in its entirety
Practice Direction 31B
2122_cdr_ws08_ce01_guide 3 © The University of Law Limited
about:blank 3/29
COMMERCIAL DISPUTE RESOLUTION LAW AND
PRACTICE
Unit 8
Guide
Commercial Court, Part 20 claims, Case Management
Context
The Commercial Court
The Commercial Court specialises in dealing with high value claims arising out of the
transaction of trade and commerce. The types of claim which can be litigated in the
Commercial Court are listed in Part 58.1 of the Civil Procedure Rules.
Procedure in the Commercial Court differs from that in normal Queen’s Bench Division
cases. You will need to be familiar with Part 58 and its Practice Direction.
There is also a specialist court guide – the Admiralty and Commercial Courts Guide –
which you will also need to consult when litigating in the Commercial Court.
All Commercial Court cases are allocated to the multi-track and there will always be a
Case Management Conference (“CMC”). At the CMC, a Commercial Court judge will
scrutinise all aspects of the case. To assist the judge, the parties there are a number
of special documents which the parties are required to prepare and file prior to the
CMC. One of these documents is the List of Issues. This will be a key document
because the case management directions made by the court will be tailor made to
address the issues in the case and on the evidence required to take the case to trial.
Costs budgets will need to be prepared in all cases in the Commercial Court, except
those valued at in excess of £10 million. These will also be framed by reference to the
issues that need to be addressed and the need to ensure that the costs incurred are
proportionate. For these reasons, the List of Issues is highly important and it is
essential to make it as accurate as possible.
Part 20 claims
Often there are more than two parties involved in a commercial dispute. When you are
acting for a defendant, you will sometimes need to protect your client’s position by
issuing a claim against another party, and it accords with the overriding objective for
that claim to be heard and case managed at the same time as the main claim. This
can be achieved by using the procedure set out in CPR Part 20.
Part 20 enables a defendant to bring a claim against a party who is already involved in
the proceedings (e.g. the claimant or another defendant) or against a third party. There
are therefore several different ways in which a Part 20 claim can be brought and it is
important to apply the correct procedure.
2122_cdr_ws08_ce01_guide 1 © The University of Law Limited
about:blank 1/29
,11/18/23, 1:00 PM 2122 cdr ws08 ce01 guide
Often the defendant/Part 20 claimant is asking the Part 20 defendant to contribute to
or indemnify them from any sums which the defendant is found liable to pay to the
claimant in the main claim. This usually means that the defendant has to put their case
in the Part 20 claim in quite a different way to the way they have put it in their defence.
Note that Part 20 is of general application and is not restricted to claims in the
Commercial Court.
Case Management
In all Commercial Court cases, there will be a Case Management Conference (“CMC”).
The CMC is one of the key elements of the litigation process under the CPR generally.
The court generally has very wide case management powers, as set out in CPR Parts
1 and 3.
The CMC is a hearing which takes place early in the life of the case; the judge will
usually make an order giving directions for the exchange of evidence and setting down
a timetable up to trial. The parties are obliged to discuss and seek to agree directions
before the hearing; it is not always possible to agree all of the directions with your
opponent but an attempt to reach agreement should be made.
The legal representatives who attend the CMC must be fully familiar with all aspects
of the case and prepared to answer questions from the judge. The Commercial Court,
in particular, will expect the legal representatives to be able to discuss the legal issues
and the evidence which will be required at trial in a high level of detail.
The court will use the CMC as an opportunity to keep the time involved in preparing
for trial and the complexity of the process and volume of evidence to be obtained to a
minimum. The legal representatives must be prepared to justify the directions which
they are seeking and to link those directions to the issues in the case. The CMC
presents an opportunity for you to ask the court to make the directions which you want
about evidence and other issues. It is important that you have fully grasped all of the
issues in the case and you may be able to gain a tactical advantage for your client
against an opponent who is less well prepared.
Not less than 7 days before the first CMC, the parties are obliged to file and serve a
number of documents, one of which is the Case Management Information Sheet. This
is a document which contains a number of questions about the case and how the party
completing the form proposes to deal with it. The Case Management Information Sheet
is very important. It is your chance to put forward your views as to what the case
requires going forward.
© The University of Law Limited 2 2122_cdr_ws08_ce01_guide
about:blank 2/29
, 11/18/23, 1:00 PM 2122 cdr ws08 ce01 guide
Outcomes
By the end of this Unit you should be able to:
1. Explain the steps which a claimant, defendant and a third party must take and the
documents which must be served in a Commercial Court claim from the issue of
the claim form up until trial.
2. Identify and summarise from the statements of case the legal and factual issues
between the parties and prepare a List of Issues.
3. Complete a Case Management Information Sheet and, in doing so, consider the
scope of a reasonable search for documents (including electronic documents),
the scope of the expert evidence required, whether a stay for ADR is appropriate
and whether a trial of any preliminary issues might be warranted.
Unit Workshop Tasks
In this Unit Workshop, you will
1. Review the deadlines and procedures in the Commercial Court where a Part 20
claim is involved.
2. Review and amend a draft List of Issues.
3. Prepare a Case Management Information Sheet on behalf of your client.
4. Consider evidential and other issues arising from the Case Management
Information Sheet.
Preparation
To prepare for this Unit Workshop you should:
1. View the Tutorial “Case Management in the Commercial Court.”
2. Work through the Demonstration, “Case Management Documents in the
Commercial Court”. In the Unit Workshop, you will be drafting the documents
covered by this Demonstration.
3. View and make notes from Lecture 4 on costs management and electronic
disclosure.
4. Read Chapter 3 of the CLP Commercial Dispute Resolution textbook.
5. Access the Ministry of Justice website and read the following:
CPR 3.1, 3.8, 3.9 and 3.12 to 3.18 (inclusive), 12.3, 15.4, 31.5, 31.6, 31.7, 58.1,
58.5, 58.6, 58.10 and 58.13.
CPR Part 20 in its entirety
Practice Direction 31B
2122_cdr_ws08_ce01_guide 3 © The University of Law Limited
about:blank 3/29
