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England and Wales High Court (Chancery Division) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Chancery Division) Decisions >> Family Mosaic Home Ownership Ltd v Peer Real Estate Ltd  EWHC 257 (Ch) (16 February 2016)
Cite as:  EWHC 257 (Ch),  4 WLR 37,  WLR(D) 88
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Strand, London, WC2A 2LL
B e f o r e :
| Family Mosaic Home Ownership Ltd
|- and -
|Peer Real Estate Ltd
Hogan Lovells for the Defendant
Crown Copyright ©
Mr Justice Birss :
Can an existing case be transferred into the Shorter Trial Scheme?
2.12 An application to transfer a case into the Shorter Trials Scheme must be heard by a judge. If a judge orders a case to be transferred into the Shorter Trials Scheme, he may give case management directions.
2.13 An application by any party for an order transferring proceedings into the Shorter Trials Scheme should be made promptly and normally not later than the first CMC.
2.14 The court may, of its own initiative, suggest that a case be transferred into the Shorter Trials Scheme.
2.15 In deciding whether to transfer a case into or out of the Shorter Trials Scheme, without prejudice to the generality of the overriding objective, the court will have regard to the type of case the Scheme is for, the suitability of the case to be a part of the Scheme and the wishes of the parties.
For the purposes of the pilot where the provisions of this Practice Direction conflict with other provisions of the rules or other practice Directions, this Practice Direction shall take precedence.
Does this case fall within the class of cases appropriate for the Shorter Trials Scheme?
2.2 The Shorter Trials Scheme is for all cases in the Admiralty and Commercial Court, the London Mercantile Court, the Technology and Construction Court, and the Patents Court and for business cases in the Chancery Division.
2.3 The Shorter Trials Scheme will not normally be suitable for –
(a) cases including an allegation of fraud or dishonesty;
(b) cases which are likely to require extensive disclosure and/or reliance upon extensive witness or expert evidence;
(c) cases involving multiple issues and multiple parties, save for Part 20 counterclaims for revocation of an intellectual property right;
(d) cases in the Intellectual Property Enterprise Court;
(e) public procurement cases.
Is this is an appropriate case to transfer?
The procedure to be followed after transfer