ABSTRACT

In 2007, Lord Bingham in the Golden Straight Corporation v Nippon YKK stated that 'the quality of certainty a traditional strength and major selling point of English commercial law'. One must ensure that the Commercial Court remains a centre for dispute resolution and ensure that it can maintain its ability to develop commercial law, as it and courts in general have since the time of Lord Mansfield. Judicial expertise is of central importance to the vitality of a commercial court. A strategy to ensure the courts can keep commercial law up to date should also draw a lesson from history - the use of assessors, though this is more controversial. The court's ability to develop commercial law is of particular importance. Courts actively manage claims and the costs of claims. Parties and courts must work together to further the overriding objective. The quality of the judges of the Commercial Court and consequently the reputation of its decisions are both excellent.