ENGLAND & WALES Law and Practice Contributed by: Damian Taylor, Olga Ladrowska, Lawal Ijaodola and Eleanor Higginson, Slaughter and May
7.8 General Timeframes for Proceedings As stated in 1.2 Court System , the courts have discretion in setting deadlines for each stage of proceedings, considering factors such as the complexity of the case and the court’s availabil- ity. It is not uncommon for straightforward com- mercial cases to take over a year to reach trial, with more complex cases taking significantly longer. The typical length of a trial will depend on the complexity of the case and the number of factual and expert witnesses. Trials can take anywhere from a few days to many months. Court approval is usually not required to settle a civil case. However, there are some exceptions, including cases involving a child or protected party. Approval is required to settle opt-out collective proceedings in the Competition Appeal Tribu- nal. The litigants must show that the settlement terms are just and reasonable. The collective settlement regime is a fast-developing area of law, with the first collective settlement being approved in 2023. 8.2 Settlement of Lawsuits and Confidentiality The fact that litigants have settled proceedings will usually be a matter of public record, not least because the claim will need to be stayed or with- drawn. However, the terms of the settlement can remain confidential. If the litigants wish the pro- ceedings to be stayed except for the purpose of enforcing the terms of the settlement, they can use a so-called Tomlin order to record the 8. Settlement 8.1 Court Approval
stances the court may order the use of a single joint expert. The overriding duty of an expert is to assist the court on matters within their expertise; this duty surpasses any duties owed to the litigant(s) that instructed the expert. The expert’s opinions are usually set out in a report, which is filed with the court and served on the other litigant. Where each litigant has engaged their own expert, the experts may be subject to cross-examination at trial. The court may appoint a person known as an “assessor” to assist the court with issues where the assessor possesses relevant skills and expe- rience. 7.6 Extent to Which Hearings Are Open to the Public As stated in 1.3 Court Filings and Proceedings , the principle of “open justice” in the legal system of England and Wales requires that court filings and proceedings are open to the public, subject to certain exceptions. 7.7 Level of Intervention by a Judge The level of intervention by a judge during a hearing or trial can vary, but judges typically play an active role in managing the proceedings to ensure that the hearing or trial is run smoothly and fairly. Judges may request clarifications, provide guidance or pose questions to counsel, litigants and witnesses. The judges have discretion as to whether to deliver a judgment at the end of a hearing or trial, or to reserve it for a later date. In practice, judgments on some applications may be given at the end of the hearing, but judgments follow- ing trials are generally reserved for later.
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