New Commercial Hub Practice Direction
A new Practice Direction in the Commercial Hub comes into operation today, 1st February 2022. It applies to commercial actions which have been, or are, issued before, on or after this date.
Practice Direction No.1 of 2022 replaces the earlier version which had been in operation since 2019. While many elements of the 2019 Practice Direction have been incorporated, there are a number of important updates and additions which anyone practicing in the Commercial Hub should be aware of.
BACKGROUND
The Commercial Hub (“the Hub”) was established in 2019 with the objective of serving the whole of Northern Ireland but, in particular, the commercial community. The Hub was, and continues to be, committed to the resolution of legal disputes expeditiously, efficiently and cost effectively.
While the Hub largely deals with cases involving business or commercial transactions, it can also hear certain Chancery cases as well as Ancillary Relief and Judicial Review applications that involve commercial issues of some complexity. The Commercial Judge in charge of the Hub (currently Mr Justice Horner) is the final arbiter of what cases are to be admitted.
With its objective in mind, Hub cases are subject to robust case management by the Commercial Judge. The case management system largely replaced the previous ‘review’ regime and is made up of three stages:
i) Early Directions Hearing;
ii) Case Management Conference; and
iii) Pre-Trial Review
The roll out of the new Practice Direction today sees a number of important changes to cases which fall with the scope of the Hub and how those actions are managed.
CHANGES
Some of the key aspects of the new Practice Direction are set out below:
COM1 Form:
Parties are required to collaboratively complete a case information form (Form COM1) at each stage of the case management process. The form must be uploaded to the BOX system which was established to enable practitioners to file documents electronically.
In respect of an Early Directions Hearing, Form COM1 is to be filed at least 5 days before the hearing and for the Case Management Conference and Pre-Trial Review, not less than 7 days before;
ii. Provision for the Judge to provide directions administratively (i.e. on the papers and without a hearing) at any stage throughout the case management process, where the directions have been agreed between the parties;
iii. Administrative Early Directions Hearings:
Early Directions Hearings (“EDH”) will now be considered ‘on the papers’ and the parties should therefore not attend court. There are some instances where the Practice Direction indicates that a ‘bespoke’ or urgent EDH might be appropriate, for instance where a party has entered a conditional appearance or is seeking summary judgment. In circumstances where the parties have been unable to reach agreement on directions, the new Practice Direction indicates that these cases may also be eligible for an urgent or bespoke EDH.
The Judge will give whatever directions he/she thinks necessary for management of the case, which may include stipulating a timetable for exchange of pleadings, directions on expert evidence and providing directions regarding discovery. Parties continue to be encouraged to engage in a collaborative approach to discovery and to consider whether discovery might be on an issue-by-issue basis, standard, full or indeed electronic discovery, using search words or predictive coding if appropriate;
iv. Case Management Conferences will now normally be ‘hybrid’ hearings with all parties and key individuals required to attend but with Counsel appearing in person in court, and the solicitor with carriage of the case along with the client (if required), being permitted to appear remotely;
v. Each side has a duty to immediately inform the court of any anticipated or actual breach of a time limit in the court’s directions.
This is an important change which places the responsibility on both/all parties to bring such matters to the court’s prompt attention. The party who is in or anticipates that they will be in default of a time limit will be required to provide an explanation to the court as to why they are unable to comply with the court’s direction;
vi. Trial bundles and skeleton arguments are now to be in electronic format – hard copies are no longer required
The court will now require skeleton arguments and trial bundles to be in an electronic format and uploaded to BOX, unless any specific permission is given to the contrary.
Trial bundles should be uploaded to BOX at least two weeks before trial commences. It is suggested that electronic dividers or tabs might assist in the organisation of bundles.
Given the emerging importance of BOX in both the pre-trial and trial phases of cases in the Hub, it is important that the parties are familiar with the formatting and uploading requirements for bundles, as set out within the Practice Direction. The court has also updated its helpful BOX User Guide which deals with, inter alia, how to access a BOX folder, uploading of documents to BOX and naming conventions.
CONCLUSION
It is evident that the Hub remains committed to seeing the efficient and timely resolution of legal disputes and in particular, commercial disputes. This new Practice Direction goes a step further in seeking to ensure the smooth running of cases before it, with emphasis on strict case management. The Practice Direction also reflects the changing nature of the legal landscape onfoot of the Covid-19 pandemic and ensures that actions can meaningfully and expeditiously progress.
The Hub remains at the forefront of the digitalisation effort in this jurisdiction with the new requirements around paperless bundles. These changes will undoubtedly further serve to streamline the cases being heard within the Hub whilst also cutting down on time and cost – important considerations for many commercial entities engaged in the litigation process.
This article is for general information purposes only. If you would like advice or any further information, please contact our Commercial Litigation and Dispute Resolution Team Barbara Creed or Elise Quigley.
