The Commercial Court by Stephen Dowling

• Date: 01 January 2007

THE COMMERCIAL COURT

STEPHEN DOWLING

Thomson Round Hall, 2007 (i225)

ISBN 978–1–85800–452–5

Alison Fanagan*

Stephen Dowling BL is a Barrister with a primary law degree from Trinity

College and a Masters in Commercial Law from Cambridge University. He

is to be applauded both for his initiative, and his success, in completing this,

the f‌irst book on the workings of the Commercial Court.

The Commercial Division of the High Court became operative on

1 January 2004. It has already delivered on its objectives and has enabled

commercial litigators achieve commercial outcomes, where this had previously

become almost unachievable. The previous regime facilitated delay and

amounted to “trial by ambush”. This was particularly unsuited for getting

complex commercial disputes through the Courts. Such disputes inevitably

involve complex issues where the need is greatest to ensure that the

pleadings are focussed, discovery is kept within tight confines, witness

statements are exchanged beforehand, and expert witnesses are forced to

narrow down the issues between them as much as possible prior to hearing.

Under the old regime, it was not unusual to turn up with teams of witnesses

and experts, including those who could have travelled from abroad, only to

f‌ind that there was no Judge available. The advent of the Commercial Court

has ensured that these and other problems are things of the past. Undoubtedly,

the enthusiasm and hard work of Mr Justice Peter Kelly, and others, in

getting the Commercial List up and running cannot be underestimated.

Stephen Dowling’s work is timely, accurate, practical and focussed.

One of the great benef‌its of being asked to review a book is that it makes

you read it in its entirety and not just dip in and out of it. Having read

Stephen Dowling’s book I can say that it is a book that is equally useful for

seasoned practitioners in the Commercial Court, and those who may have

little experience of it. It is as useful to dip in and out of for reference

purposes, as it is to read it chapter by chapter. Mr Dowling does not merely

cover the essentials of the Commercial Court Rules, but sets out in detail the

relevant Court decisions and also puts those decisions in context relative to

previous established law on the range of topics covered. He puts the

expeditious nature of the Commercial Division of the High Court in

context, relative to decisions on having cases struck out for delay and want

* Solicitor and Partner, A&L Goodbody.