June 8
Trials under the Shorter Trials Scheme set out in CPR Practice Direction 57AB can carry a number of advantages, including speed, the reduction of litigation costs, the promotion of proportionality and the appropriate use of court resources. However, the Shorter Trials Scheme is not suitable for trials lasting more than four days including reading time. Nor will it normally be suitable for cases which are likely to require extensive disclosure and/or reliance upon extensive witness or expert evidence. If a claim is commenced in the Shorter Trials Scheme, the appropriateness of that allocation needs to be kept under review; it can be revisited and the court has jurisdiction to transfer out under CPR 3.1(2)(m). The abridged procedures in the Scheme are not an excuse for cutting corners in a manner which conflicts with the overriding objective of dealing with cases justly (and at proportionate cost). Unless wisely used, adoption of the Shorter Trials Scheme has the potential to be a false economy (paras 108–111).
Derek Sweeting QC and William Chapman (instructed by Shepherd and Wedderburn LLP) for the claimant.
Scott Allen (instructed by Pinsent Masons LLP) for the defendant.