The league tables and analysis in the Litigation Tracker frequently refer to the number of cases and the number of case days. Importantly, this only refers to cases for which a judgment has been handed down. This does not have to be the substantive judgment but incorporates any judgment relating to a case including interlocutory judgments, ex tempore judgments and costs judgments. These judgments can be written or oral and can be reported or unreported.
It does not include cases:
- That have been heard but for which a judgment has not yet been handed down
- Cases that have been settled prior to any judgment being made
Judgments are based on cases reported on Bailii which is then supplemented with submissions directly from law firms. Only judgments handed down in one of 15 courts or tribunals in England and Wales are included. These are:
- The High Court (Administrative Court, Admiralty Court, Chancery Court, Commercial Court, Queen’s Bench Division, Patents Court and Technology & Construction Court).
- Supreme Court
- Judicial Committee of the Privy Council
- Court of Appeal (Civil Division)
- Intellectual Property Enterprise Court
- Employment Appeal Tribunal
- Competition Appeal Tribunal
- Upper Tribunal (Tax and Chancery Chamber)
- Upper Tribunal (Lands Chamber)
Judgments are tracked on a real-time basis as and when they appear on Bailii. Additional judgments submitted by law firms are received on a quarterly basis.
The number of cases a firm, set or barrister has worked on is based upon the number of singular cases as opposed to the number judgments.
E.g. When a firm, set or barrister has been involved in two or more judgments relating to a case, this has been counted as single case.
The number of case days a firm, set or barrister has accumulated in court is calculated by the total number of judgments. The number of days relating to a particular judgment is abstracted from totaling the number of hearing days as indicated on the judgment itself.