Horizon Convictions Redress Scheme (HCRS): alternative dispute resolution (ADR)
Guidance on how to appeal your offer under the Horizon Convictions Redress Scheme (HCRS).
Resolving disputes through alternative dispute resolution (ADR)
Upon receiving an offer on your detailed assessment claim, if you decide not to accept it, you or your solicitor should respond by outlining the areas of disagreement.
The Department for Business and Trade (DBT) will review your position and determine whether it impacts its initial offer or provide an explanation if the offer remains unchanged.
You can use the ADR process if you have submitted a claim for detailed assessment and if both of the following apply:
- you do not agree with your offer
- you are unable to reach an agreement with DBT
Alternative dispute resolution: stage 1
Case management
Case management is a process used to identify the source of any delays in progress or disagreements and find solutions to move the case forwards. Case management offers the opportunity for you to continue to try and reach agreement with DBT bilaterally with the support of a neutral party.
If there are delays in progressing your case or you and the department cannot reach agreement on the settlement value, Dentons (the neutral facilitation provider) will appoint a facilitator to manage the claim. This will involve engaging with you, or your solicitor, and DBT and assigning actions to the parties to move the claim forwards.
The claims facilitator will follow up with the parties to ensure those actions are being taken. Sir Gary Hickinbottom, Chair of the HCRS Independent Panel, oversees the scheme-wide process and can step in to manage cases where needed.
Facilitated discussions
During ADR stage 1, it might be beneficial for you and DBT to come together for discussions facilitated by Dentons to try and reach agreement.
These discussions are aimed at bringing shared understanding for both parties and provide opportunity to explain each point of view and reasoning. In some cases, it may be possible to reach agreement in these sessions.
Referral to the Independent Panel
Where disputes have not reached resolution through ADR stage 1, the case may be referred to the Independent Panel.
A case is unlikely to be suitable for referral to the Independent Panel in the following circumstances if any of the following apply:
- there is not a substantial difference between the last offers exchanged by the parties
- further evidence is required
- there is no issue on which it would be helpful to get the views of the Independent Panel
Alternative dispute resolution: stage 2
Independent Panel
The Independent Panel will independently assess claims, using relevant experts in their fields, according to the Independent Panel terms of reference.
Dentons will continue to act as a neutral party and will provide the panel with a summary of the claim and offers, taking account of the parties’ views of the issues. You or your solicitor may also be required to provide a written submission.
The chair of the panel is responsible for deciding which experts from the panel should provide an opinion on the claim. The pool of panel members are as follows:
Legal experts
- Sir Gary Hickinbottom (Panel Chair)
- Emily Formby KC (First Legal Member and Deputy Chair)
- Charlie Cory-Wright KC (Reserve Legal Member)
Accounting experts
- Amanda Eve Fyffe (Forensic Accountant)
- Tim Battrick (Forensic Accountant)
- Nathan Choudhury (Reserve Forensic Accountant)
Retail experts
- Nicole Higgins (Retail Member)
- Clare Bailey (Retail Member)
Medical experts
- Dr Matthew Gould (Medical Member)
- Dr Carolyn Tyson (Medical Member)
- Dr Anthony Akenzua (Reserve Medical Member)
The panel is responsible for reaching a decision on the dispute. The Independent Panel’s assessment, together with a written explanation of their reasoning, will be sent to you and your solicitor.
Independent Panel outcome
DBT will honour the best offer you receive on the scheme. This means for each head of loss assessed by panel, if any assessment is lower than the value of the offer you previously received from the department, you can revert back to the higher offer.
There will be an informal process, used only in limited circumstances, where DBT can ask the panel for clarification before making its offer. This will only be used where DBT believes an award has been made for which it does not have funding powers for. For example, where DBT believes there has been a calculation error, an award which constitutes double recovery or is outside the scope of the scheme.
Once the panel assessment and, if needed, the clarification process are complete, the highest total offer will represent the final offer in the scheme.