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16 October 2015 / Giles Hutt , Whiston Bristow
Issue: 7672 / Categories: Features
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The same but different

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Whiston Bristow & Giles Hutt review the Shorter & Flexible Trials Pilot Schemes currently running in the High Court

On 1 October 2015 the Shorter Trials and the Flexible Trials Pilot Schemes were launched in the Rolls Building of London’s High Court. Despite their names, these two distinct schemes cover court proceedings as a whole, not just the trial. The overarching purpose of each is to give parties to commercial disputes the opportunity to secure a decision more quickly and cheaply than would otherwise be the case.

In the Shorter Trials Scheme (STS) key features of multi-track procedure are either truncated or discarded altogether, eg costs management. In the Flexible Trials Scheme (FTS) the parties have greater freedom to tailor the procedure for their claim (subject to the court’s approval). Overall, the schemes are informed by similar objectives, which include encouraging parties and the court to focus on discrete issues and—at trial—keeping oral evidence and submissions to a minimum. Having said that, the schemes differ from each other in important ways. (Unless otherwise stated, references in this article are to PD 51N, which governs the schemes.)

Overview

The

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

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HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

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