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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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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