Cautious Welcome From Construction Litigation Lawyer

Two pilot schemes which allow for shorter and more flexible procedures for claims brought in the Rolls Building courts, including the Commercial Court, the Chancery Division and the Technology and Construction Court, come into force on 1 October 2015.

The scope of the shorter trial scheme is intended for commercial and business cases which do not require extensive disclosure, witness or expert evidence.

Some key features of the shorter trial scheme include (there will be some variation depending on which scheme applies)

• There will be an assigned judge. 
• The pre-action process could be quicker and cheaper because pre-action protocols will not apply automatically.
• Submissions and evidence will be shorter and limited in length, a lot of the procedure will be on paper or over the telephone, parties will not need to disclose as many documents and the length of the proceedings could be more than halved.
• Costs budgeting will not apply, unless the parties otherwise agree, removing a layer of expense and a procedural step. 

The flexible scheme has similar innovations and will require the agreement of the defendant.