Background – collapse of the "Mega
Trials"
In the aftermath of the collapse of the BCCI and Equitable
Life litigation, the Commercial Court was subjected to
unprecedented criticism. Both cases brought public attention to
bear on the court’s procedures. The BCCI case
collapsed after the Claimants abandoned their 13 year
litigation on the 256th day of trial (excluding the 63 days
taken up by interim hearings). The defendant’s costs
alone were estimated to be approximately £80 million.
Tomlinson J who heard the trial made the following observation
in his judgment on costs following the discontinuance of the
claim:
"I became so concerned about the case that I
decided both to consult and to warn the Lord Chief Justice
about it. I told the Lord Chief Justice, then Lord Woolf,
that the case was a farce … I warned the Lord
Chief Justice that I feared that the case had the capacity to
