In recent years, england builds system of financial case detailed list, make financial case and the case that produce major effect to money market try by the judge that has technical knowledge and experience, offer for financial dispute pledge efficient controversy settles a program more high. In July 2015, england " civil suit is regular " undertake editing, increase 63A order newly among them " financial case detailed list (Financial List) " , the financial case that decides a condition to accord with syncretic undertakes centralized administer. On October 1, 2015, law court of high court old judge thes president of a law court Sir Yisedu and trade issue court are in charge of old judge notting the name of a river in Shaanxi and Henan provinces was signed and issue jointly " financial case detailed list is how-to " (Guide To Financial List) , to financial case relevant lawsuit provided a guide. This period his hill stone will be brief undertake introductory to this system.
One, administer case
2015 castigatory England " civil suit is regular " the case that 63A chapter defined 3 kinds of cases to be able to enter financial case detailed list.
" civil suit is regular " 63A.1(2)(a) undertook formulary from the angle of case type above all, included financing of loan, project, bank to trade, finance is derived taste and complex banking product, finance fiducial, capital and monetary control, bank assures, bond, debt assures, illicit collect fund, right the financial case such as strong fund, national debt, the forehead of the sign that provides afore-mentioned cases needs not under 50 million pound. Namely from the forehead of case type and mark two angle gave regulation.
63A.1(2)(b) provided the 2nd kind of case, the case of knowledge of money market major needs in be being tried namely.
63A.1(2)(c) provided the 3rd kind of case, can produce the case of major effect to money market namely. 63A.1(3) right " money market " refer commentate, include to secure accrual market (include to counter-purchase, bond, credit is derived article, debt negotiable securities and general trade bill) , stock market, derive taste the market, loan market, foreign currency market to wait.
Notable is, afore-mentioned standards have bigger flexibility. Above all, to the first kind of case, " financial case detailed list is how-to " point out, it is applicable that two standards are not the forehead of contented case type and mark the sufficient condition of this program; If this case details of a case is simple, had not needed much more professional knowledge, be moved possibly to give this order. Next, the 2nd kind is mixed from the details of a case of the case respectively with the 3rd kind of case the influence faced the first kind of case twice to have complement, the specified number that may include type of the first kind of case to win the bid for example did not amount to 50 million pound, but need professional finance knowledge, or the case that produces major effect to money market. Again, " financial case detailed list is how-to " also point out, the court has power (Has The General Power) turn relevant program into program of financial case detailed list, do not accord with the literal of 3 kinds of standards to set especially, the case that accords with its concept however like that (Fall Within The Spirit But Not The Letter Of The Three Criteria) . Can say, on the cognizance of case of financial detailed list, 3 kinds of standards supplement each other again independently severally, whether does and the judge is in the choice have the older right that reduce an amount.
2, administer court
The lawsuit that belongs to financial case detailed list is OK in the high court old judge law court or trade issue court mention, law court of high court old judge and trade issue court run this one system jointly, place of front courtyard careful is located in the Luo Ersi guild hall of London. Notable is, in July 2017, apply to strengthen flexibility of front courtyard careful and informatization further, the trade issue court of England and commercial court court that hears trade issue case technically (front courtyard) a general designation is England and Cambria trade issue and belongings court, concentration hears case of issue of each district trade and case of issue of trade of concerning foreign affairs or foreign nationals.
3, proceeding
" civil suit is regular " average order is likewise applicable to case of financial detailed list, unless 63A chapter and lawsuit are how-to,make special provision to this.
The judge of detailed list of responsible finance case is the judge of court of authorized old judge or trade issue court. A judge that is in charge of this case will be appointed when first time case runs the meeting, be some case to appoint financial judge is the joint responsibility that presiding judge of old judge law court and trade issue court are in charge of old judge. Normally for, the case before this judge will be in charge of all follow-up careful runs the conference and cognizance program, also try those who serve as this case the judge. If party decides the make choice of of case judge to have a proposal to choosing, can be in first with written form Xiang Dafa Guan Tingting grows before case management meeting 4 weeks and responsible old judge puts forward trade issue court, and carbon service other party. Need all party to sign opinion letter jointly normally, if one party party does not agree, should be in first before case management meeting 3 weeks show reason with written form, and carbon service other party.
3, the market checks a case (Market Test Cases)
This system returned creativity ground to introduce the market to check a case.
Normally, party is in forensic to lodge a complaint is to be based on the issue that has produced, main purpose of lawsuit is to settle the dispute between party; And test case (Test Case) differ with this, mention to the main purpose of this case depends on requesting a court to clarify or explain law, provide guidance for follow-up practice, the effect that this kind of case often has precedent (Set A Precedent) . Can refer to in the typical case of this respect Laosilaisi told associated labour union 2009 (Rolls-Royce Plc V Unite The Union [2009] EWCA Civ 387) .
In system of financial case detailed list also creativity ground introduced this kinds of case, call the market to check a case. England and Cambria are second-class Sir Nuoersi and Lai of Williams · cloth Sir Er ever commented on the court at this point: General contentious case is contended for right is to hold windward igneous affection, but market test case is main the purpose is precaution, take move before igneous situation spreads namely. Party is in have not produce real dispute but the inaccuracy that already was put on law and money market is time, can refer the case the court, have later period accordingly decision-making. As a result of this kind of case the likelihood brings an influence to public interest, the court will ensure the argument of all people that hold contrary interest with concerned problem refers a court with proper way. Below suitable case, via forensic permission, relevant commerce, professional or superintendency orgnaization or association, or the tripartite that suffers a problem to be affected certainly, can join. Below particularly important or critical condition, the adjudgement of market test case but by forensic write one's own ticket by judge of two finance court, or mix by judge of court of a finance the judicial cognizance that a judge in appeal comprises.
Market test case develops through answering the market quickly, settle actual or potential dispute, in law of inchoate phase Shiming, can promote financial stability, reduce legal risk.
4, user committee (Users ' Committee)
Be connected for the iformation flow between expedite court, party, lawyer and other and professional organization and proposal channel, this system falls to still establish committee member of user of detailed list of case of a finance. Committee member includes judge of case of financial detailed list, legislature delegate, lawyer and of all kinds and professional association are waited a moment.
British trade issue tries in the world element has high reputation, be helpful for promoting native economy development already, consolidate the position of world finance center, the law that also is helpful for raising trade issue issue to solve at the same time serves ability, enhance the global competition ability that judicatory tries, before attracting each country party, will seek settle trade issue dispute. System of case of financial detailed list tries the one part of reform as British trade issue, come round to see effect from eye remarkable, have a lot of places that deserve each country study to draw lessons from.
Above all, financial dispute is complex and diversiform, this system passes judge of setting finance detailed list, can ensure all finance case and the case that produce major effect to money market are tried by the judge that has technical knowledge and experience, promotion tries quality;
Next, the ground introduces this system creativity the market checks a case, in dispute inchoate phase namely nip in the bud, undertake clarify or explanatory to relevant law, reduce risk of money market law;
Again, this system is on the foundation that sets case standard scientificly, gifted the judge's older freedom reduces quantity advantageous position, ensure knowledge of need finance major and bigger to money market influence case can enter this order; Also gift party more program flexibility, offer the more stretch, dispute that accords with demand to settle way for party; In addition, this system also shifted party and other benefit the dynamic role of relevant orgnaization, drive a case to try a process jointly, mechanism of expedite communication communication, health of prosperity of stimulative money market develops.
