Dispute Resolution Article
08 October, 2015
The High Court has begun the implementation of a new scheme which aims to have cases reaching trial within 10 months of the case being brought before the Courts.
At this stage the scheme is not mandatory; a two year test of the scheme will be implemented in all Rolls Building Courts and parties will be encouraged to opt into it if applicable. Defendants will have 14 days from notification that the Claimant wants to opt into this shorter trial system in which to confirm their agreement of notify the Court of their objection to the same.
The claims most suitable for the scheme are those with a limited amount of disclosure, witness or expert evidence required and a fairly straightforward issues in contention by the parties and the case will be actively managed be a single judge throughout. There will be a limit of 20 pages in the Particulars of Claim thus ensuring complex cases are still directed through the existing case management procedure.
Lord Chief Justice Thomas Cwmgiedd identified small and medium sized businesses as those most likely to benefit from the scheme which should enable disputes to be resolved much quicker than through the traditional Court proceedings route. It does though raise the issue of how such a rapid Court procedure will work alongside the parties' obligations to utilise and explore Alternative Dispute Resolution (ADR). The scheme seems in danger of shoehorning parties towards their day in Court rather than allowing opportunities for ADR to be pursued, it will be interesting to see how these competing demands are accommodated in this new scheme.
The advice to any businesses considering utilising this scheme is to obtain legal advice from the outset, that way you can be sure you are bringing/defending the claim in the best possible way and legal advice could help you get the best out of the new scheme.
At Forbes Solicitors we have a dedicated team of litigation experts who can assist you on all aspects of civil disputes from the pre action stage right through to trial.
06 Dec 2017
Leading law firm Forbes Solicitors has enhanced its work in the pensions sector
Forbes Solicitors is 'always quick to respond' and delivers 'practical advice' in a way that 'is easy to understand'
2017 edition Legal 500
The service I received from Robin Stephens was both good value and efficient
I have engaged Forbes on a number of occasions, I have always thought the staff involved were very professional yet practical in their approach.
Bensons Vending Limited
Always give us helpful, solid advice - thoroughly reliable and easy to deal with.
Dear Robin Thank you so much for coming to our rescue again!!
Just a note of thanks for the work you did reference the Framework challenge. The new tender winners have been announced and we are on 6 of the 7 framework lots which is a great result
We would like very much to offer our thanks and appreciation to Michael Rutter for his negotiations on our behalf.
Derek & Mildred Walmsley
Thank you for what you have done for us, it has been a pleasure working with you - and your advice is always clear, practical and makes lots of sense.
The letter of summary has helped me to compile my defence. Without it, I would have floundered. I am very pleased with the professional service that I have received from Mohassan and Manisha.
I have to say that I've never had a better legal service from anyone and am very grateful for your actions in bringing this to a satisfactory conclusion.
Head of Finance at a Local Authority
Robin and his team have achieved what other legal advisers couldn't! Outstanding debt chased and paid within three weeks! We have used Forbes for years
Legal 500: Robin Stephens is recommended at Forbes
The service was excellent and I would not hesitate to recommend Forbes to friends, knowing they will be well looked after
H & L Property Limited