If a trial can not be avoided, the judge has the widest discretion to impose a suitable solution, which is often (if the prejudice is substantial and there is deadlock) achieved by the compulsory buy - out of the minority shareholding according to
a prescribed valuation process.
Failure to keep up with the timetable will result in the claim exiting from the fixed - cost
process; Both parties will have to be transparent about
valuations for each loss claimed as well as the pain, suffering and loss of amenity award; The claimant will be required to make the first settlement offer; An offer must be made by the defendant within a
prescribed timescale if they do not accept the claimant's offer.