Judges pilot schemes to make litigation in Rolls Building courts simpler

High Court judges have launched two pilot schemes aimed at making business litigation cheaper and simpler.

The measures affect litigation in all courts based in the Rolls Building, namely the Commercial Court, the Technology and Construction Court, courts in the Chancery Division and the Mercantile Court.

The pilots involve:

1. A Shorter Trial scheme aimed at resolving disputes on a commercial timescale. “Cases will be dealt with by the same judge from beginning to end with the aim of reaching trial within approximately 10 months. The maximum length of trial would be four days.”

2. A Flexible Trial scheme allowing for more flexible case management where both sides agree, “resulting in a simplified and speedier trial than is currently provided for”.

The schemes are intended for commercial and business cases, which do not require extensive disclosure, witness or expert evidence.

The Judicial Office said that many of the procedures which would be followed in the pilots were already available under the Civil Procedure Rules but were “not always applied comprehensively in the same case”.

It also said the schemes should help encourage a change in litigation culture, “which involves recognition that comprehensive disclosure and a full, oral trial on all issues is often not necessary for justice to be achieved”. 

That recognition will in turn lead to significant savings in the time and costs of litigation, the Judicial Office added.

Lord Thomas of Cwmgiedd, the Lord Chief Justice said: “The introduction of this judge-led reform will help to ensure that court users can have their disputes resolved quickly, improving access to justice for businesses.”

The pilots will run for two years from October 2015. The first cases under the schemes are expected to be heard in 2016.

More detail on the two schemes can be found here.