The ninth edition of the King’s Bench Division Guide was published in May 2023. This provides information about the working practices of the King’s Bench Division. The last time the Guide was republished was in September 2022, but this was to make minor amendments following the accession of His Majesty King Charles III to change all references from Queen, QB, QBD and Her Majesty to King, KB, KBD and His Majesty, respectively, along with other minor corrections.
What is the King’s Bench Division?
The High Court of Justice has three divisions - the King’s Bench Division (KBD), the Chancery Division and the Family Division. The KBD is the largest of the three divisions and handles a wide range of cases relating to personal injury, negligence, breach of contract, breach of statutory duty, libel, slander and non-payment of a debt and ‘enforcement orders’ which give the court the power to make sure that a party abides by a judgment against them.
The KBD Guide, which should be read alongside the Civil Procedure Rules, provides practical information for parties proceeding in the KBD.
What are the Main Changes to the Guide?
The significant changes made to the Guide are summarised below.
Legal Advisors Should Not Interfere in the Preparation of Experts’ Joint Statements
Para 10.48 of the Guide provides that although legal advisors can assist in identifying the issues that joint statements should address, they must get involved in negotiating or drafting the experts’ joint statements.
They should not suggest that the experts change the draft joint statement, unless in exceptional circumstances where there is a real concern that the court may be misled by the terms of that joint statement.
Updated Guidance on Embargoed Judgments
Receiving a judgment under embargo is when a draft judgment is received on highly confidential terms. While the parties and their legal advisors may be given a sneak preview into the trial’s outcome before judgment is handed down publicly, the substance of the embargoed judgment cannot be disclosed to anyone else or used in the public domain.
The new guidance stresses that a draft judgment circulated in such circumstances to the parties and their legal advisors is confidential and that any disclosure of it before it is publicly handed down is embargoed. It makes it clear that preparing press releases is not a valid reason to disclose the draft judgment and those who breach the embargo may find themselves in contempt of court.
The Guide refers to the stern warning given last year in the case of Counsel General for Wales v Secretary of State for BEIS, where a leading chamber inadvertently issued a press release a day prior to the ruling being handed down.
Guidance on What is Required of Parties Before the Directions Questionnaires are Completed
Para 10.3 and 10.4 of the Guide make it clear that parties are required to seek to agree on proposed directions before the date for filing the directions questionnaire.
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