Pilot Schemes


Over the last few years, we’ve seen the courts trial pilot schemes which seek to drive efficiency and accessibility within the court system. These have included the “Electronic Working” and “Damages Claims” pilot schemes, which permit certain claims to be dealt through an online system. These schemes have been extended over the last few years whilst issues have been ironed out. They are due to end in 2024, but it’s likely these schemes will remain in place and become the new standard procedure.


Further to the success of the pilot schemes, the prospect of a wholly online court draws closer. In 2023, we saw the launch of an Online Procedure Rule Committee. In early 2024, it’s predicted that Parliament will grant the Committee the ability to introduce secondary legislation in order to establish rules for this online court system. We will likely see more progress on this front later in the year.


Fixed Recoverable Costs (FRC)


Last October brought large changes through the introduction of the new intermediate track and the associated Fixed Recoverable Costs rules. As the changes have been in place for a few months, we have begun to see the effect this has had on new cases, although claims started prior to October remain subject to the old rules. Minor amendments are due to be made in 2024 to clarify the rules and account for inflation by amending the fixed charges. If you would like further information regarding the new rules, then please see our earlier article. 


Alternative Dispute Resolution (ADR)


There have been recent proposals regarding the use of ADR and arbitration in litigation. ADR involves trying to solve disputes without the need for a trial, often through the use of mediation. In December 2023, a consultation was held regarding the introduction of compulsory mediation in small claims cases, and it is currently expected that in April 2024, the CPR will be amended to provide an “automatic referral” to mediation in small claims under £10,000.


Please contact the litigation team to discuss any of these intended changes should you have any queries.