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Commercial Court should ‘be true to its history’

20 November 2020
Categories: Legal News , Covid-19 , Insurance / reinsurance , Commercial
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The business interruption test case is a ‘striking example’ of expedition in the Commercial Court, Lord Hamblen, Justice of the Supreme Court has said

The case, which will help clarify what insurance payouts are made to businesses disrupted by the COVID-19 pandemic, was heard at the end of July with a 160-page judgment handed down in mid-September.

Giving the Annual Combar Lecture in October, Lord Hamblen said speed, as well as judicial expertise and tailored procedure, were the ‘guiding principles’ of the Commercial Court.

His lecture covered the topic, ‘The Commercial Court: past, present and future’. This year marks the 125th anniversary of the Court.

Looking ahead, Lord Hamblen said competition for international work was likely to grow as a result of the various commercial courts established around the world.

‘Brexit has accelerated this process and we have seen a number of European countries establishing English language commercial courts in order to lure such work and to take advantage of what are said to be juridical downsides for the UK of leaving the EU, such as in relation to the ease of enforcement of judgments,’ he said.

‘In order to retain its popularity among the international commercial community, it is important that the Court should continue to be sensitive to changing needs, and always to be ready to adapt and to innovate. It must lead rather than be led. That means being true to its history.’

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