The same but different

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