High Court Rules Update: A new litigation regime from 1 January 2026

Thursday 11 December, 2025

Anyone who has been involved in litigation will be familiar with the delays and costs that go hand in hand with legal proceedings. Most cases are resolved before trial, but often at the last minute, and the cases that get to trial can take years to reach that point.   

It is hoped that the new High Court Rules that come into effect on 1 January 2026 will change that.  The amendments aim to make court cases more efficient and cost-effective by encouraging parties and their lawyers to resolve disputes in a pro-active and timely way.

Here's what you need to know about taking a case in the High Court, or defending one, from 2026. 

Costs: higher upfront, but hopefully lower overall 

• You'll likely face higher costs upfront when starting or defending a case. This is because you'll need to submit more supporting documents with the claims and defences and present the factual evidence earlier.

• However, by focusing on key issues earlier and taking a proportionate approach, the aim is that cases will resolve more efficiently, saving you time and money in the long run.

• Crucially, you'll no longer go through the lengthy and costly 'discovery' process that used to happen before evidence was exchanged. While information sharing (disclosure) will still be required, it will generally be more focused.  After initial disclosure, which will be provided with the parties’ claims and defences, limited, further disclosure will only occur if the parties agree or the Court orders it.

Time commitment: more, earlier  

• Because supporting documents and factual evidence are exchanged earlier, you will need to dedicate more time and resources at the start of a case; often under tighter deadlines.  

• This will particularly impact defendants. Once a claim is filed, defendants will have a strict deadline to provide their response and supporting documents - typically around 6 weeks.

• After the pleadings are filed, factual evidence will be exchanged earlier, without being delayed by discovery or procedural applications (unless that application could decide the whole case). This means you’ll need to quickly pinpoint who needs to give evidence and identify the key events and facts.  

Mandatory Judicial Issues Conference: what to expect

• Once factual evidence is exchanged, the Court will schedule a Judicial Issues Conference.

• The Judicial Issues Conference is expected to be an all-day, substantive conference before a Judge. The purpose is to identify the main issues, discuss settlement options, and set a clear, proportionate timeline for the rest of the case, if needed.  

• You (or a senior representative from your organisation) and your lawyers must attend. The Court will expect the parties and the lawyers to be well-prepared for the conference, to have identified the core matters in issue and to have explored the options to resolve the dispute without a full trial.

Emphasis on resolving cases out of Court 

• Only 8-10% of High Court cases currently go to a full trial; most cases settle or are resolved before trial. The changes to the rules reflect an emphasis on “resolution” (including settlement) rather than just looking towards determination by trial.  The aim is to deal with the proceeding in ways that are, and at a cost that is, proportionate to the matters in dispute.   

• A key focus is bringing forward the date at which most cases settle, so that parties spend less time and money resolving them. The Judicial Issues Conferences will be central to this approach. They aim to increase the chances of settlement at an earlier stage or, at minimum, significantly narrow the issues. Judges may give 'firm encouragement' to parties to settle during these conferences to this end.

Changes to strategies?   

• The rule changes could make some current strategies less effective:
  • For plaintiffs, filing a claim may be less appealing as a pressure tactic, as it will now require more time and cost upfront.
  • It will be harder for parties to take a strategic expansive or 'no stone unturned' approach.
  • Parties will also no longer be able to use lengthy discovery or procedural disputes as a tactic to wear down opponents.

• Instead, it is hoped that the parties will be incentivised to resolve disputes before proceedings are filed or early on in the process, after filing. If you have a dispute that looks like it might be headed to the High Court, we can help you determine the best strategy to adopt taking into account the new rules and process.    

Review of dispute resolution clauses 

• It's a good time to review your contracts’ dispute resolution clauses, including:
  • What steps are required before a claim can be filed? 
  • How can a potential defendant avoid being surprised and forced to quickly prepare a defence and extensive initial disclosure?
  • Has the balance shifted for alternative dispute resolution (ADR), like arbitration? While arbitration still offers confidentiality, speed, and flexibility (though it requires agreement and isn't ideal for complex multi-party cases), the streamlining of High Court cases may change its relative advantages.
  • Even if you agree to mandatory ADR, should the court process still be reserved for urgent relief or only after ADR options are exhausted (e.g., after mediation, or agreeing on appeal rights post-arbitration)?

• Get in touch if you would like to discuss what dispute resolution clauses best suit your interests, now that the High Court Rules are changing.   

Questions? 

If you have any questions about the changes to the rules, want to review your dispute resolution clauses, or think you may have a dispute on the horizon, please get in touch with one of our experts below. We are here to help you navigate the new rules and achieve the best possible outcomes for you or your organisation.