Rely on the most comprehensive, up-to-date legal content designed and curated by lawyers for lawyers
Work faster and smarter to improve your drafting productivity without increasing risk
Accelerate the creation and use of high quality and trusted legal documents and forms
Streamline how you manage your legal business with proven tools and processes
Manage risk and compliance in your organisation to reduce your risk profile
Stay up to date and informed with insights from our trusted experts, news and information sources
Access the best content in the industry, effortlessly — confident that your news is trustworthy and up to date.
With over 30 practice areas, we have all bases covered. Find out how we can help
Our trusted tax intelligence solutions, highly-regarded exam training and education materials help guide and tutor Tax professionals
Regulatory, business information and analytics solutions that help professionals make better decisions
A leading provider of software platforms for professional services firms
In-depth analysis, commentary and practical information to help you protect your business
LexisNexis Blogs shed light on topics affecting the legal profession and the issues you're facing
Legal professionals trust us to help navigate change. Find out how we help ensure they exceed expectations
Lex Chat is a LexisNexis current affairs podcast sharing insights on topics for the legal profession
Printer Friendly Version
The past few years have a seen a large number of pilot schemes running in the courts due to the Jackson Reforms. With the small claims mediation scheme coming to an end in March we could perhaps be forgiven for hoping that the courts would give us some breathing space before any more pilot schemes come into play. Well there is some breathing space but only one month!
A new pilot scheme will be up and running in the Chancery Division of the High Court from 1 May this year entitled Fixed ended trials.
The question for practitioners involved with cases in this Division is will it affect them, if so what does the pilot entail and what impact will it have?
Well, if the trial date is on or after 1 May 2014, it may well affect them and a failure to understand the implications of the pilot scheme could have serious repercussions if the time estimate provided for trial proves to be an underestimate, even if by a small margin.
The Chancery Modernisation review found that almost 50% of cases exceeded their time estimate for trial and that on average the underestimate was by almost 50%. The Chancery Division are seeking to address this in a two pronged approach (1) encouraging parties to produce better time estimates and backing this up with (2) a new pilot scheme bringing in fixed ended trials:
Parties need to pay much more attention to the time estimates being provided to the courts in relation to the amount of time that will be required for trial. Issues highlighted are:
The pilot scheme for these will begin on 1 May 2014. The pilot scheme, recommended by Lord Justice Briggs, will put into place his proposal that each trial should be required to be completed with the period allocated to it, unless there are unexpected circumstances.
Practitioners involved with proceedings in the Chancery Division therefore need to consider the following:
Details of how the pilot scheme will be applied in practice have not been made available. Many issues arise such as:
One thing we can be sure of, and that is that the implementation of this pilot scheme will result in an increase in the time estimates being provided for trial as practitioners urge on the side of caution.
0330 161 1234