The length and cost of mammoth commercial trials is set to be drastically curbed under proposed reforms seen by The Times.

In future no trial, however complex, is expected to be listed for more than three months – and barristers’ opening speeches are to take no more than two days “even in the heaviest case”.

Time limits will be set on questioning witnesses and on closing arguments, whether in writing or spoken, the report recommends.

The proposals, to be published today, have been drawn up by a “commercial court long trials” working party, under the chairmanship of Mr Justice Aikens.

The working party was set up a year ago with the backing of the Lord Chief Justice.

It followed the BCCI litigation and a blistering attack on its costs by Mervyn King, Governor of the Bank of England.

It also proposes a much tougher line by judges.

They will be encouraged to give provisional views on the merits of particular issues and to give rulings if asked to give summary judgment on an issue; or strike out specific parts of a claim.

There was widespread criticism of the handling of the Bank’s 13-year legal tussle with BCCI and Equitable Life’s five-year battle with Ernst & Young.

The BCCI case became the most expensive trial in British legal history, with fees in excess of £110 million and saw an opening speech of 119 days by the defence counsel.

The claimants’ opening statement was 79 days; the Bank’s 119 days; while £75 million were ratcheted up in legal fees for the Bank’s counsel and solicitors and £37 million in legal fees for Deloitte’s counsel and solicitors.

The brief fee paid by Lovells, the solicitors, to Gordon Pollock, QC, was estimated at £3 million.

The head of litigation at one City of London law firm said: “These limits are very welcome and should cut the lengths of trials dramatically.”

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