Pre-action protocols

Part of the problem in the past arose from the fact that the courts could only start to exercise control over the progress of a case, and the way it was handled, once proceedings had been issued. Before that stage, lawyers were at liberty to take inordinate amounts of time to do things related to the case, to write to lawyers on the other side to the dispute, and so forth. Now, a mechanism allows new pre-action requirements to be enforced. The objects of the protocols are:

• to encourage greater contact between the parties at the earliest opportunity;

• to encourage a better exchange of information;

• to encourage better pre-action investigation;

• to put parties in a position where they can settle cases fairly and early; and

• to reduce the need for the case to go all the way to court.

Alternatives to going to court

Rule 4.1 of the CPR 1998 requires the court, as a part of its active case management, to encourage and facilitate the use of alternative dispute resolution   and r 26.4 allows the court to stay proceedings in order to allow the parties to go to ADR either where the parties themselves request it or where the court of its own initiative considers it appropriate. The Commercial Court has already used this policy with notable success. It often acts to send cases to ADR where, for example, one side applies for a lengthy extension of time for the case to be heard.

THE HIGH COURT OF JUSTICE

The High Court has three administrative Divisions: the Court of Chancery; the Queen’s Bench Division; and the Family Division. In addition, each Division has a confusingly named Divisional Court, which hears appeals from other legal fora.

            The majority of High Court judges sit in the Courts of Justice in the Strand, London, although it is possible for the High Court to sit anywhere in England and Wales.

The Queen’s Bench Division

The main civil work of the Queen’s Bench Division is in contract and tort cases. The Commercial Court is part of this Division. It is staffed by judges with specialist experience in commercial law.

The Queen’s Bench Divisional Court

The Queen’s Bench Divisional Court, as distinct from the QBD, exercises appellate jurisdiction. Here, two, or sometimes three, judges sit to hear cases relating to the following circumstances:

• appeals on a point of law by way of case stated from magistrates’ courts, tribunals and the Crown Court;

• applications for judicial review of the decisions made by governmental and public authorities, inferior courts and tribunals; and

• applications for the writ of habeas corpus from persons who claim that they are being unlawfully detained.

The Chancery Divisional Court

Comprising one or two Chancery judges, the Chancery Divisional Court hears appeals from the Commissioners of Inland Revenue on income tax cases and from county courts on matters such as bankruptcy.

The Family Division

The Family Division of the High Court deals with all matrimonial matters, both at first instance and on appeal. It also considers proceedings relating to minors under the  Children Act 1989 and issues under the Domestic Violence and Matrimonial Proceedings Act 1976 and s 30 of the Human Fertilisation and Embryology Act 1990.