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clive@cliveelliott.com

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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Clive Elliott-Barrister

I live and work in Auckland, New Zealand. I am a frequent writer and commentator on intellectual property and information technology issues. I am a barrister and arbitrator. Before going to the Bar in 2000, I was a partner and headed the litigation team at Baldwin Shelston Waters/Baldwins. I took silk in 2013. Feel free to contact me via phone, email or social media.