RE: RNS : Update on DHSC claim - Pre-trial review19 Apr 2024 19:05
From todays RNS:
As previously announced, the Company and its subsidiary Primer Design Ltd are party to litigation with the DHSC.
The trial hearing starts on 10 June 2024, and finishes on 4 July 2024.
The court has listed the Pre-Trial Review to be heard on 30 April 2024. This is part of the normal litigation process and is predominantly concerned with administrative preparations for trial.
The court will also hear an application by the DHSC for summary judgment in relation to one aspect of its claim, as part of which the DHSC is seeking judgment to be entered for the full value of its claim.
***From the previous line it would seem that DHSC is confident that the application for summary judgment, in relation to one aspect of its claim, is strong enough to ensure a successful summary judgment to be entered for the full value of its claim.
This is the DHSC's attempt to avoid a full trial (I assume), and the above does not state that NCYT lawyers will play a part.
It would appear to be DHSC's best shot at convincing the court that NCYT is defending the indefensible, ie this is an open and shut case.
If this were true, NCYT's defence would have been exposed as too weak to hold water in the time since the DHSC claim arose (claim dated 25 April 2022), and now we are preparing for court inside two months, so NCYT defence has not been found 'too weak'.
Time possibly then, for one or other party to capitulate, unless a point or points of English law are at issue, and need to be tested in court.
This would not appear to be the case though.
DHSC are confident and have launched a summary judgement. This would not be in order if English Law interpretation needed to be tested in court.***
Continuing from the RNS:
Having taken legal advice, the Company considers this application to be very weak with low prospects of success, and is confident that the court will dismiss the application.
It is not known when the court will give judgment in relation to the application. It may be during or at the end of the Pre-Trial Review, or a short time thereafter.
RNS ends.
+++
I think if a summary judgement application is denied by the court, that would mean a full trial is to be held as scheduled.
Happy to be corrected on the above.
https://www.which.co.uk/consumer-rights/advice/what-is-alternative-dispute-resolution-adr-alOPl0X2lbsO
Are ADR (Alternative dispute resolution) schemes common?
In the UK, the financial services, energy, telecoms and aviation sectors already have large and well-established ADR schemes.
*Financial Ombudsman Service (FOS) - deals with financial services providers.
*Ombudsman Services: Energy or RECC - deals with energy suppliers.
*Ombudsman Services: Communications - deals with communications providers.
*Parliamentary and Health Service Ombudsman - deals with NHS organisations and government departments and services. - So I assume this is who has performed the ADR function.