Business and Property Courts—flexible trials scheme for claims issued on or after 1 October 2015
Business and Property Courts—flexible trials scheme for claims issued on or after 1 October 2015

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Business and Property Courts—flexible trials scheme for claims issued on or after 1 October 2015
  • To which claims does the flexible trials scheme apply?
  • Adopting the flexible trials scheme
  • Disclosure under the flexible trials scheme
  • Required disclosure
  • Specific disclosure
  • Witness evidence under the flexible trials scheme
  • Expert evidence under the flexible trials scheme
  • Submissions at trial under the flexible trials scheme
  • Practical tips for claims proceeding under the flexible trials scheme
  • More...

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.

This Practice Note gives guidance on the flexible trials scheme (FTS) in Practice Direction 57AB of the CPR (CPR PD 57AB) to claims issued on or after 1 October 2015 in the Business and Property courts. The scheme is intended to reduce the time required for trial thereby reducing costs and enabling earlier trial dates to be obtained. This is to be achieved through limiting disclosure and oral evidence (including submissions) at trial. Although the provisions set out standard directions for disclosure, specific disclosure, factual witness evidence, expert evidence and submissions at trial, there is scope for the parties to seek to vary and adapt those to suit their particular case, with the emphasis being on the parties agreeing the trial procedure.

CPR PD 57AB deals with both the shorter and flexible trials schemes and came into effect on 1 October 2018, following a successful pilot scheme which operated under CPR PD 51N in the Rolls Building only. From 1 October 2018 the FTS applies to all Business and Property Courts and to claims issued on or after 1 October 2015. The shorter trials scheme (STS) is also contained

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