Commercial Court News

The judges of the Commercial Court regularly take part in academic and market discussions concerning current and future trends in the development of English law, frequently participating in seminars and events.

Find out more about the Court’s news and events below, and find out more on the Forthcoming Events webpage.

28 July

Judge Doosun Baek, a Judge of the Seoul Central District Court (International, maritime and business division), visited the Commercial Court and the Technology and Construction Court on 26 and 28 July. The Judge sat with Mr Justice Foxton, the Judge in Charge of the Commercial Court, and with Mr Justice Waksman, and met with Michael Tame and listing office staff.

27 July

On 27 July Mr Justice Picken spoke to the London Common Law and Commercial Bar Association.

19 July

London Shipping Law Centre Young Maritime Practitioners Webinar

On 19 July, Mr Justice Foxton, the Judge in Charge of the Commercial Court, and His Honour Judge Pelling KC, the Judge in Charge of the London Circuit Commercial Court, participated in a hybrid seminar/webinar on shipping litigation in the London Circuit Commercial Court and the Commercial Court.

14 July

From 10-14 July 2023, London hosted SIFoCC’s 4th Observation Programme, with support from ROLE UK. The Programme, arranged by the global forum of the world’s commercial courts, enables six member countries each to nominate a judge to spend an intensive week with the judiciary and legal community of a single host country.

This time the judges nominated were from Bahrain (its first female commercial judge and member of its Supreme Judicial Council), Pakistan (which is actively developing its regional commercial courts and their expertise to support arbitration), Rwanda (the Vice President of the Commercial High Court was nominated), Sierra Leone (with new commercial courts established since ebola), Sri Lanka (which is developing Port City) and Zambia (whose appellate judges played a significant part at SIFoCC’s most recent full meeting in Sydney).

The nominated judges sat in on hearings of the Commercial Court and of the Technology and Construction Court and the Chancery Division, including the London Circuit Commercial Court and IPEC, and discussed the conduct and outcome of those hearings. They discussed a range of issues at separate meetings with the Judge in Charge of the Commercial Court (Foxton J), the Master of the Rolls (Sir Geoffrey Vos), the Chief Justice-elect (Carr LJ), the Vice President of the KBD (Dingemans LJ), and others. They spent time behind the scenes with court staff, and received judicial briefings on every stage in commercial litigation. The relationship between the Court and arbitration and mediation was of close interest, and supported by discussion with leaders from the profession and by a roundtable at the International Advisory and Dispute Resolution Unit at 3VB. The week included a roundtable with internationally focussed legal charities, time with Government officials, and a closing dinner held by the City of London.

6 July

At the invitation of the Institute of International Shipping and Trade Law, Swansea University, Mr Justice Andrew Baker chaired the judging panel for the final of the International Maritime Law Arbitration Moot competition (“IMLAM”), at Trinity House in London. IMLAM is a competition for university law schools organised by the Murdoch University, Perth (Western Australia). This year’s event (hosted by the Swansea Institute) was the first time it has been held in the UK for 10 years.

20 June 2023

Unjust enrichment in the Commercial Court

Webinar hosted by the Commercial Court on 20 June 2023 from 5.15-7pm UK time (4.15-6pm GMT).

Some of the papers for the seminar are attached:

For details, see the event flyer (PDF).

15 June 2023

On 15 June 2023, Mr Justice Foxton, the Judge in Charge of the Commercial Court, chaired a panel discussion organised by the Financial Services Lawyers Association discussing “Trends in Financial Litigation”. The seminar took place in the Lecture Theatre at the Honourable Society of the Inner Temple.

14 June 2022

Professional Negligence Bar Association

At the invitation of the Professional Negligence Bar Association, Andrew Baker J spoke at an evening seminar on 14 June 2023 about the experience to date of CPR PD 57AC (trial witness statements in the Business and Property Courts, which has been in force since 6 April 2021), alongside Marcus Smith J, who spoke about CPR PD 57AD (disclosure in the BPCs, which has been in force since 1 October 2022, taking over from the ‘Disclosure Pilot’ (former CPR PD51U)). Full details on the PNBA website (external link). An interesting panel discussion followed involving both judges and Thomas Grant KC, PNBA Chair, moderated by Nico Leslie, a member of the PNBA Executive Committee.

13 June 2023

Mr Justice Bright chaired a London Shipping Law Centre event on “Enforcement of Letters of Indemnity, Misdelivery and the Post-Discharge Application of the Hague/Hague-Visby Rules”.

25 May 2023

Judge in Charge of the Commercial Courts meets with Manchester Circuit Commercial Court judges, practitioners and young lawyers

Mr Justice Foxton, the Judge in Charge of the Commercial Court, visited the Manchester Circuit Commercial Court on 18 and 19 May 2023.

The Judge met young solicitors and barristers at an event hosted by Addleshaw Goddard LLP. He gave a speech, also hosted by Addleshaw Goddard LLP. His speech, on “James Bond and the Law”, has been published. The event was one of a number organised by the Manchester Business and Property Courts forum.

On 19 May 2023, the Judge heard a half-day injunction application in the Manchester Circuit Commercial Court.

15-19 May 2023

London International Disputes Week 2023

The third annual London International Disputes Week (LIDW 2023) took place between 15 and 19 May 2023, with a series of seminars and events organised around the theme “Adapting to a changing world”. Five Commercial Court judges participated in LIDW 2023 events:

Mr Justice Calver was a panellist for the discussion “What types of corporate claim does the panel expect to see increase over the next 12-18 months due, in large part, to the geopolitical and economic conditions and to what extent might those conditions affect the manner in which parties seek to resolve disputes?”. This event took place from 10am on Thursday 18 May at the offices of Kirkland & Ellis (30 St Mary Axe, London).

Mrs Justice Cockerill was a panellist for a discussion on “Greenwashing” in which “the panellists will explore key drivers of greenwashing complaints, the challenges faced by those under increasing pressure to define and explain their sustainability plans (including against the backdrop of rapidly evolving reporting guidelines) and the associated litigation trends as we are observing them around the world.” This event took place from 16.30 on Wednesday 17 May at the offices of Latham & Watkins (99 Bishopsgate, London).

Mr Justice Robin Knowles participated in the international judicial conversation entitled “As the world changes: the role of the judiciary, in their words”. This event, which was organised by LIDW and the Standing International Forum of Commercial Courts, took place from 2pm on 16 May at the main conference venue (Northumberland Avenue, London).

Mr Justice Picken spoke at the Franco British Lawyers Society round table. This event took place from 8.45am on 17 May at the offices of Irwin Mitchell (40 Holborn Viaduct, London).

Mr Justice Waksman was a member of the panel discussing “Looking to the future: how will the metaverse and AI change practice?” This event took place from 4.10pm at the main conference venue. He was also a member of the panel discussing “The role of the TCC in shaping the past and future of technology disputes”. This event took place from 8.30am on 18 May at the International Disputes Resolution Centre.

In addition, a number of the judges of the Commercial Court attended the Opening Reception for LIDW 2023 in the Great Hall of the RCJ from 6pm on 15 May, which was jointly organised by LIDW and the Commercial Litigators’ Forum in aid of the National Pro Bono Centre.

Further information can be found on the LIDW event portal (external link).

18 April 2023

The Commercial Court annual report 2021-2022 has now been published. It is available for download.

28 March 2023

Visit from Judges and Case Management Officers from the Investment and Trade Court of Qatar

Find out what was discussed during the two-day visit hosted by the Commercial Court.

SIFoCC Panel Event hosted by the City of London

The Forum met to discuss its work and impact to date, and possible areas for future engagement.

15 March 2023

Judge in Charge of the Commercial Courts meets with Leeds Circuit Commercial Court judges, practitioners and users, and with young lawyers and law students

Mr Justice Foxton, the Judge in Charge of the Commercial Court, visited the Leeds Circuit Commercial Court on 14 and 15 March 2023.

Together with His Honour Judge Klein, the Judge met pupil barristers, trainee solicitors, apprentices and paralegals at a lunch hosted by BPP University Law School, and later a tea hosted by Parklane Plowden Chambers.

In the evening, Mr Justice Foxton gave a speech to the Leeds Business and Property Courts Forum, once again hosted by BPP University Law School, which was attended by a combined “in person”/remote audience of over 100. This is one of a series of events organised by the Leeds Business and Property Courts forum.

On 15 March 2023, the Judge heard a half-day application in the Leeds Circuit Commercial Court, in CC-2022-LDS000015, Holmes v Cox and others.

8 March 2023

Round up of Commercial Court February events/speeches:

On 6 February at 6pm, Mr Justice Bright chaired a London Shipping Law Centre hybrid seminar on “Enforcement of Letters of Indemnity, Misdelivery and the post-discharge application of the Hague/Hague-Visby Rules”.

On Wednesday 1 February at 5.30pm, Mr Justice Jacobs participated in a hybrid seminar organised by COMBAR on service out of the jurisdiction entitled “Are You Being Served? – Problems of service on the shop floor”. The seminar is open to Combar members only.

21 February 2023

Practice Note in relation to PD51O (PDF)

31 January 2023

Round up of Commercial Court January events/speeches:

On 16 January, Mrs Justice Cockerill participated in a seminar on “Wellbeing at the Commercial Bar” organised by COMBAR. The other panel members are David Joseph KC, Oliver Caplin and Lucy Burrows
On 18 January, the Chancellor (and Supervising Lord Justice of the Commercial Court) delivered a lecture “Disclosure in 2023 and beyond. Best practice, the do’s and don’ts and the Court’s expectations”
On 25 January, Mrs Justice Cockerill interviewed Lord Hoffmann: “Lord Hoffmann: in conversation with a reasonable man”. The interview is available to view now on YouTube (external link).
On 26 January, Mr Justice Foxton participated in an event organised by the Law Society and the City of London Law Society hosted by Allen & Overy LLP on the amendments made to the CPR gateways for service out of the jurisdiction. The other speakers were Tom Montagu-Smith KC, who chaired the sub-committee of the Civil Procedure Rules Committee which formulated the amendments, of which Mr Justice Foxton was a member, and Sarah Garvey
On 30 January, Mr Justice Foxton participated in a seminar “Legal Biographers on their subjects: Judges” at the LSE. The other panellists were Hilary Heilbron KC and Dr Victoria Barnes.

26 January 2023

On 26 January 2023, Mr Justice Foxton gave evidence to the House of Lords Special Public Bill Committee on the Electronic Trade Documents Bill.

The Bill reflects the Law Commission’s Electric trade documents: Report and Bill (Law Com No 405) which will render certain trade documents in dematerialised form capable of possession (and the application of legal doctrines which follow from that).

You can read the Law Commission’s report online (PDF). The evidence before the Special Public Bill Committee (which is chaired by Baron Thomas of Cwmgiedd PC) can be viewed on Parliament TV (external link).

13 December 2022

The Chancellor (and Supervising Lord Justice of the Commercial Court) Sir Julian Flaux delivered the COMBAR Annual Lecture 2022 on Wednesday 16 November on the subject of “Is commercial litigation going green? Environmental and greenwashing claims and how they will shape the law.” The Chancellor’s talk is available on the judiciary website.

Mr Justice Henshaw chaired a London Shipping Law Centre seminar on the Law Commission Consultation Paper on the Arbitration Act 1996 on 15 November 2022. Mr Justice Waksman spoke in Manchester on the subject of “Loss of a Chance: its proper scope and application” with Andrew Grantham KC on 25 November.

30 November 2022

Commercial Court User Group Meeting – November 2022 (Word document)

Please read more about the topics discussed at the meeting.

28 November 2022

Bridging the Bar and the Commercial Court

In March 2022, Bridging the Bar (BTB) and the High Court / Court of Appeal agreed to collaborate on a pilot work experience programme for aspiring lawyers from statistically under-represented backgrounds at the Bar. This scheme will see eight to 12 BTB participants assigned to a Judge and supported by their Judicial Assistant(s) in the High Court / Court of Appeal for a paid five-day work experience placement. Read more on the Education, diversity and social mobility webpage.

7 November 2022

SIFoCC meeting in Sydney, 20-21 October

On 20-21 October 2022, the world’s commercial courts gathered to discuss some of the most important international themes in commercial dispute resolution.

These included an integrated approach to litigation, arbitration and mediation; tackling complexity; addressing conflicts between jurisdictions; and the future of corporate legal responsibility in the context of climate change.

The 4^th full meeting of the Standing International Forum of Commercial Courts (SIFoCC) was jointly hosted, physically and online, by the Federal Court of Australia and the Supreme Court of New South Wales. England & Wales were represented by the Lord Chief Justice, the Senior President of Tribunals and the Master of the Rolls.

Find out more information about SIFoCC, and find out more about SIFoCC’s fourth full meeting (external link).

For information about SIFoCC’s fourth full meeting, please see the website.

28 October 2022

Judge in Charge of the Commercial Court meets with Newcastle Circuit Commercial Court practitioners and users. Find out more about the visit and read Mr Justice Foxton’s speech ‘Football and the Law’.

17 October 2022

On 27 September 2022 Mr Justice Andrew Baker chaired a seminar hosted by the London Shipping Law Centre “Know your Limits”, an exploration of recent case law on limitation of liability; while Mrs Justice Cockerill addressed the London Common Law and Commercial Bar Association on the subject of Commercial Advocacy on 21 September 2022. You can read her LCLCBA speech online (PDF).