UK Law and Practice Contributed by: Alex Cook, Helix Law
are heard in the High Court, which is divided into the King’s Bench Division (commercial and tort claims), the Chancery Division (business, property, insolvency, and trusts disputes), and the Family Division. Within these are specialist courts such as the Commercial Court and Technology and Construction Court, which are particularly prominent. The Court of Appeal hears appeals from the High Court and certain tribunals and is split into civil and criminal divisions. At the top sits the UK Supreme Court, which is the final court of appeal for points of law of general public importance, and whose deci- sions are binding on all lower courts. Alongside the main court structure is a separate sys- tem of tribunals at the lowest level, starting with the First-Tier Tribunals, which handle specialist discreet applications and claims relating, inter alia, to aspects of property, employment, tax, and immigration. Overall, the system combines hierarchy and speciali- sation, allowing complex commercial disputes to be heard by experienced judges while maintaining acces- sible routes for lower-value claims. 2.3 Pre-Action Conduct In England and Wales, parties must comply with vari- ous pre-action protocols that apply to different types of claim. If there is no specific protocol, there is a gen- eral pre-action protocol covering pre-action conduct. Some specialised pre-action protocols can apply, relating to, inter alia, debt, technology and construc- tion, personal injury, mortgage possession claims and housing matters. The protocols have specific content relating to their area of focus, but in general terms the parties are required to set out the nature of their griev- ances and clarify what they are seeking to achieve, why they say the opponent is responsible, exchange information and documents to narrow issues in dis- pute, and consider whether alternatives to litigation are available before issuing court proceedings. Costs are generally ordered at the discretion of the court. Whether a party has acted reasonably and/or costs are proportionate are factors taken into account. The courts look at compliance with pre-action proto-
cols later in this context, and may impose costs sanc- tions where there has been non-compliance. 2.4 Stages of Court Proceedings Court proceedings in England and Wales are generally issued using a claim form, followed by a defence. In circumstances where there is urgency, for example, where an injunction (an immediate type of court order) is needed without notice, the claim can follow slight- ly later. Otherwise, after a claim has been issued, it should be served together with a response pack. The defendant will then have some time to acknowledge the claim and to admit or defend it, and/or pursue a counterclaim if advised to do so. The court then actively manages the case and the applicable time- table to trial. This usually involves a claim and cost management conference hearing when directions (the next steps and timings) are confirmed. Steps depend on the type of dispute but generally involve disclosure (the exchange of documents relevant in the dispute), exchange of witness statements, the timing of expert evidence and trial arrangements and timings. Timings depend on the court involved, the complex- ity of the dispute and the parties involved and how engaged they are. For example, a claim issued but not acknowledged or defended might obtain default judg- ment in a matter of weeks, whereas a fully litigated complex matter in the High Court might take eighteen months or slightly longer. 2.5 Confidentiality Court proceedings in England and Wales are gener- ally public, reflecting the principle of open justice. Hearings are typically held in open court, members of the public can attend, and judgments are usually published. Court documents are also accessible to a degree – particularly judgments and orders. There are a number of exceptions where hearings in proceedings, and orders, are not public. Family pro- ceedings, including cases involving children, matters concerning national security or sensitive commercial information, and housing matters, are generally heard in private. The court has discretion to hold hearings in private or to restrict reporting where considered nec- essary, but this is fairly rare as the principle of justice
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