ENGLAND & WALES Law and Practice Contributed by: Damian Taylor, Olga Ladrowska, Lawal Ijaodola and Eleanor Higginson, Slaughter and May
probate law, among other things. The Family Division deals with cases concerning family law. The Business and Property Courts are specialist courts within the High Court, constituted of sev- eral judges from the King’s Bench Division and the Chancery Division. These courts handle spe- cialist business and international civil disputes, including cases involving commercial, property, technology and construction law. The basic timetable for proceedings is dictated by the Civil Procedure Rules, but the courts have reasonable discretion in setting deadlines for each stage of the litigation process. While the courts are focused on effective case manage- ment and are keen to avoid litigation delays, it is not uncommon for straightforward commercial cases to take over a year to reach trial, with more complex cases taking significantly longer. In the Business and Property Courts, the Short- er Trials Scheme provides a faster route to trial, potentially enabling litigants to move from filing to judgment in under a year. Alternatively, the Flexible Trials Scheme offers an approach that allows litigants to adapt trial procedures to better suit their specific cases. 1.3 Court Filings and Proceedings The legal system of England and Wales oper- ates on the basis of “open justice”, which means that justice should be done in the open, with courts of all levels accessible to the public and the media. In practice, this means that, absent exceptional circumstances, the public can access key court documents, such as court judgments and plead- ing documents, including a claim form, particu- lars of claim and defence. The public can also access witness statements relied on in court.
Furthermore, the public can apply for permission from the court to access additional documents, including documents attached to a pleading or witness statement, expert reports and skeleton arguments. Applicants are required to explain why they are seeking access and how grant- ing such access would advance the principle of open justice. In determining such applications, the court will perform a balancing exercise, weighing up the principle of open justice on the one hand against any risk of harm arising from disclosure. The principle of open justice also means that, as a general rule, hearings are held in public, and anyone is free to attend. In exceptional circum- stances, such as cases concerning especially confidential or commercially sensitive material, litigants may make an application for a private or “closed court” hearing. However, such cases are rare. 1.4 Legal Representation in Court Legal representation in the courts of England and Wales involves two primary rights: • the right of audience, which is the right to appear before and address a court, including calling and examining witnesses; and • the right to conduct litigation, which cov- ers the right to issue legal proceedings, the commencement, prosecution and defence of those proceedings, and the carrying out of necessary administrative tasks for a case. The general principles governing these rights are that: • only barristers have the right of audience in the High Court and higher courts such as the UK Supreme Court, as well as solicitors who
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