Shorter Trial Scheme Adopted

Writing in the English Law Society Gazette on 7 September 2018 John Hyde reports on a 2015 pilot for shorter trials, which is now going permanent in England and Wales.

The scheme provides a streamlined procedure where judgments are issued within 12 months and trials are no longer than 4 days. The parties initiate the process but if they can’t agree a judge is able to intervene. While disclosure and oral evidence are limited, there is no limit on the size of the case.

The scheme has generally been welcomed by practitioners because it avoids lengthy discovery and evidence, and as a result, significantly reduces cost and delay. Perhaps it’s time we looked seriously at a similar innovation in New Zealand?

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2 thoughts on “Shorter Trial Scheme Adopted

  1. Clive – something modelled on the UK shorter trials scheme could usefully be adopted by the Australian Federal Court as well. Those of us who practice in the IP area in Australia are becoming increasingly concerned at the long delays in the delivery of judgments. The Courts need to be more attune to the fact that they, like everyone else, are operating in a competitive global environment.

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    • Wayne, I agree entirely. The UK has been active in looking for solutions in this area and while some reforms have been more successful than others we can certainly take a leaf out of their book on both sides of the Tasman.

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