New pilot schemes for Rolls Building claims issued on or after 1 October 2015

New pilot schemes for Rolls Building claims issued on or after 1 October 2015
1 october calendarPractitioners issuing claims proceeding in any Rolls Building court on or after 1 October 2015 should take note of two pilot schemes being introduced under PD 51N.
 
The pilots schemes, the "shorter trials scheme" and the "flexible trials scheme" are being introduced under the 81st update to the CPR Practice Directions and are due to operate for two years until 30 September 2017.

 

Rolls Building courts

The courts to which these pilot schemes apply are those situated in the Royal Courts of Justice, Rolls Building, Fetter Lane, London, being the:

  • Chancery Division (including the Patents Court and the Companies Court)
  • Commercial Court
  • London Mercantile Court, and
  • Technology and Construction Court (TCC)

Shorter trials scheme

The shorter trials scheme is intended to offer commercial parties 'dispute resolution on a commercial time-scale' by providing a 'streamlined procedure' leading to judgment within a year of proceedings being issued.

The streamlined procedure is to be achieved largely through:

  • amending the parties' pre-action conduct
  • modifying the parties' costs budgeting obligations under CPR 3.12
  • limiting the length of the parties' statements of case
  • docketing
  • limiting evidence (including disclosure, factual evidence and witness evidence)
  • modifying the way in which interim applications are to be made
  • case managing trials more strictly

For detailed guidance on the sorts of claims the shorter trials scheme may be suitable for, how to start a claim under the scheme and the way in which the scheme works, LexisPSL Dispute Resolution subscribers can see Practice Note: Rolls Building—shorter trials pilot scheme for claims issued on or after 1 October 2015. If you're not a subscriber click here for a free trial.

Flexible trials scheme

The aim of the flexible trials scheme is to 'reduce costs, reduce the time required for trial and to enable earlier trial dates to be obtained'.

This is to be achieved by encouraging the parties to:

 

  • limit disclosure, and
  • confine oral evidence (including factual evidence, expert evidence, oral submissions and cross-examination) at trial

to the 'minimum necessary for the fair resolution of their disputes'.

For detailed guidance on how to adopt the flexible trials scheme, how the scheme operates and practical tips for claims proceeding under this scheme, LexisPSL Dispute Resolution subscribers can see Practice Note: Rolls Building—flexible trials pilot scheme for claims issued on or after 1 October 2015If you're not a subscriber click here for a free trial.

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About the author:

Virginia specialises in general domestic and international commercial litigation, arbitration and alternative dispute resolution.

Virginia trained, qualified and practiced with Pinsent Masons before moving to Marriott Harrison where she continued in practice for a further seven years.

In practice, Virginia acted in a variety of general commercial disputes covering areas including  intellectual property, fraud, defamation, misrepresentation, breach of contract, debt recovery, breach of restrictive covenants and company and shareholders’ disputes.

Virginia is Head of Dispute Resolution at Lexis®PSL and, when not focused on the strategic development and operational requirements of the Dispute Resolution module, her content work focuses on case management and evidence in civil litigation. She also regularly contributes to the LexisNexis Dispute Resolution Blog.