Preparing for hearings and trials
The following is some general guidance covering certain key aspects of preparing for a hearing or trial in the Commercial Court. The guidance is intended as an overview and is not complete. Parties should always consult the relevant rules in the CPR and the Commercial Court Guide (PDF).
Preparing for a pre-trial hearing
Heavy v ordinary applications
Application hearings in the Commercial Court are divided into “ordinary applications” and “heavy applications”. Different rules apply to the two different sorts of applications.
Please consider whether your application is heavy or ordinary within the meanings set out in section F of the Commercial Court Guide, as this will determine the timetable for the pre-hearing steps applicable. See also Listing FAQs webpage.
Case Management Conference (CMC)
If your hearing is a CMC, section D of the Commercial Court Guide sets out a summary of the case management documents that may be required and the timetable applicable.
A template Case Management Information Sheet is available at Appendix 2 of the Commercial Court Guide.
Preparing key hearing documents
The Commercial Court Guide contains guidance on the preparation of key pre-hearing documents:
- Skeleton Arguments: Appendix 5
- Chronologies and Indices: Appendix 6
- Bundles: Appendix 7
Transcription
If you require transcription services, you will need to obtain the Court’s permission (particularly where such services involve the recording of court proceedings). Failure to do so may place a party in contempt of court, which is a criminal offence.
Parties should apply for permission using form EX107 (where the transcript uses the Court’s recording) or EX107 OFC (where the recording is made other than by the Court). See Fees Filing and Forms.
Updating bundles
NB bundles are now electronic unless otherwise ordered. See Listing FAQs
If you have to update your hearing bundles after they have been sent to the judge, please consult the guidance in Appendix 7 of the Commercial Court Guide.
Preparing to attend in person
Preparing to attend remotely
You can find address details and information about facilities in the Rolls Building.
Please note that there are security scanning measures in place, and therefore parties should come prepared and arrive in sufficient time to pass through security before the hearing start time.
If you require break out rooms, please arrange this with the Court in advance – further details on how to do this can be found in facilities and booking.
You should receive a Teams link from the clerk or usher in advance of the hearing.
Unless expressly permitted by the Court, the hearing link should not be forwarded to other persons. If you would like to add further attendees, please consult the clerk/usher.
Preparing for trial
Commercial Court Guide
Section J of the Commercial Court Guide contains detailed guidance on the trial process including the key documents parties will be expected to prepare in advance. Please consult this guidance prior to and throughout your trial.
IT and paperless trials
Parties are encouraged to minimise the use of paper at trial and consider the wider application of IT to trials. Section J2 of the Commercial Court Guide provides further information.
Varying the pre-trial timetable
If you need to vary the pre-trial timetable established at the CMC, please consider the guidance in section D7.13 of the Commercial Court Guide as to whether any further Case Management Conference is required.
Witness evidence
Please be aware that new rules on witness evidence apply in the Business & Property Courts, including the Commercial Court. Please consult section H of the Commercial Court Guide and PD57AC for further information.
If any witness seeks to give evidence remotely, you must seek the Court’s permission to do so in advance. Please see section H4 of the Commercial Court Guide.
Pre-trial reviews (PTRs)
If a PTR has been ordered in your case, please consult the guidance in section D17 of the Commercial Court Guide.
Please ensure that, wherever possible, the legal team attending the PTR is the same as the team who will be attending the trial (section D17.3).
Preparing key trial documents
The Commercial Court Guide contains guidance on the preparation of key trial documents:
- Pre-trial checklist: section D13 and Appendix 2
- Bundles: section J4 and Appendix 7
- Reading lists: section J5
- Bundles of authorities: section J5
- Skeleton Arguments: section J6 and Appendix 5
- Chronologies and Indices: section J6 and Appendix 6
Pre-trial checklist
This must be submitted with the Listing Office prior to the trial start date. Please see section D13.1 and Appendix 2 of the Commercial Court Guide for more details.
Updating bundles
NB bundles are now electronic unless otherwise ordered. See Listing FAQs.
If you have to update your trial bundles after they have been sent to the judge, please consult the guidance in Appendix 7 of the Commercial Court Guide.
Preparing to attend in person
Preparing to attend remotely
You can find address details and information about facilities on the Rolls Building page.
Please note that there are security scanning measures in place, and therefore parties should arrive in sufficient time to pass through security before the designated start time for your trial.
If you require break out rooms, please arrange this with the Court in advance – further details on how to do this can be found on these pages.
If a remote hearing has been listed, parties will receive a Teams link from an usher or clerk in advance of the trial start date.
Unless expressly permitted by the Court, the hearing link should not be forwarded to other persons. If you would like to add further attendees, please consult the relevant clerk or usher.