The Jackson Reforms mean that the position in relation to cost recovery is more precarious, and whilst ADR such as adjudication and expert determination can offer savings in term of time and cost, litigants may soon be able to take advantage of a more streamlined Court process.
On 1 October 2015 a 2 year pilot scheme will be introduced in various London Courts (including the TCC) offering the "Flexible Trials Scheme" (FTS) and the "Shorter Trials Scheme" (STS). This is a response to Court users' criticisms that the Courts have become inaccessible and too expensive.
STS
The STS is aimed at cases which do not require extensive disclosure of documents and have limited need for witnesses of fact and/or experts so that trials can be listed sooner and at reasonable and proportionate cost.
Under the STS:
- claims can be issued under the STS scheme or an application can be made to transfer into the STS
- the case will be managed by the Judge allocated to the matter
- costs budgeting under CPR 3.12 will not apply (unless the parties agree)
- the trial will be listed within 10 months of issue of the claim and will be limited to a maximum of 4 days (including reading in time of the Judge)
- the judgment will be published within 6 weeks of the trial
FTS
The FTS is designed to reduce costs and simplify the Court process so that cases can be listed for trial more quickly.
Under the FTS:
- there is a standard default procedure which the parties can either adopt or vary by agreement to suit the particular circumstances of the case
- the parties are encouraged to limit the extent of disclosure, witness and expert evidence required.
COMMENT: The STS and FTS may be attractive to litigants who want the certainty of a binding decision by a specialist TCC Judge but without the cost and delays association with full blown litigation. The STS and FTS still offer procedural certainty and may even provide an incentive on the parties to settle.
