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COMMERCIAL COURT

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Originally appearing in Volume V06, Page 771 of the 1911 Encyclopedia Britannica.
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COMMERCIAL See also:

COURT , in See also:England, a court presided over by a single See also:judge of the See also:king's See also:bench See also:division, for the trial, as expeditiously as may be, of commercial cases. By the Rules of the Supreme Court, See also:Order xviii. a (made in See also:November 1893), a See also:plaintiff was allowed to dispense with pleadings altogether, provided that the See also:indorsement of his See also:writ of See also:summons contained a statement sufficient to give See also:notice of his claim, or of the See also:relief or remedy required in the See also:action, and stating that the plaintiff intended to proceed to trial without pleadings. The judge might, on the application of the See also:defendant, order a statement of claim to be delivered, or the action to proceed to trial without pleadings, and if necessary particulars of the claim or See also:defence to be delivered. Out of this order See also:grew the commercial court. It is not a distinct court or division or See also:branch of the High Court, and is not regulated by any See also:special rules of court made by the See also:rule See also:committee. It originated in a notice issued by the See also:judges of the See also:queen's bench division, in See also:February 1895 (see W.N., and of See also:March 1895), the provisions contained in which represent only " a practice agreed on by the judges, who have the right to See also:deal by See also:convention among themselves with this mode of disposing of the business in their courts" (per See also:Lord See also:Esher in See also:Barry v. Peruvian See also:Corporation, 1896, I Q. B. p. 209). A See also:separate See also:list of causes of a commercial See also:character is made and assigned to a particular judge, charged with commercial business, to whom all applications before the trial are made. The 8th See also:paragraph is as follows: Such judge may at any See also:time after See also:appearance and without pleadings make such order as he thinks See also:fit for the speedy determination, in accordance with existing rules, of the questions really in controversy between the parties. Practitioners before See also:Sir See also:George See also:Jessel, at the rolls, in the years 1873 to r88o, will be reminded of his mode of ascertaining the point in controversy and bringing it to a speedy determination.

Obviously the See also:

scheme is only applicable to cases in which there is some single issue of See also:law or fact, or the See also:case depends on the construction of some See also:contract or other See also:instrument or See also:section of an See also:act of See also:parliament, and such issue or question is either agreed upon by the parties or at once ascertainable by the judge. The success of the scheme also depends largely on the See also:personal qualities of the judge to whom the list is assigned. Under the able guidance of Mr (afterwards Lord) See also:Justice See also:Mathew (d. 1908), the commercial court became very successful in bringing cases to a speedy and satisfactory determination without any technicality or unnecessary expense.

End of Article: COMMERCIAL COURT

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