Pre-action

Recent decision illustrates dangers of not complying with pre-action protocols

In a recent decision, the County Court ordered a defendant to pay the costs of a claimant who discontinued her claim, reversing the usual costs position. This was on the basis that the defendant had failed to comply with the … Continue reading

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Filed under Costs, Pre-action

Court of Appeal considers relevance of merits to application for pre-action disclosure

The Court of Appeal has confirmed that the court’s jurisdiction to order pre-action disclosure is not subject to an “arguability threshold”. The strength of the applicant’s case on the merits, and in particular whether the applicant is able to show … Continue reading

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Filed under Disclosure, Pre-action

Failure to comply with pre-action protocol justified departure from usual Part 36 costs consequences

The High Court has held that a defendant who accepted a Part 36 offer almost a year late should be awarded its costs for the period of delay, reversing the normal costs rule, because of the claimant’s failure to comply … Continue reading

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Filed under Part 36 offers, Pre-action

Moving away from “one-size fits all” approach to pre-action conduct

One of Lord Justice Jackson’s recommendations was that the practice direction on pre-action conduct (PDPAC) should be substantially repealed and replaced by a more general obligation to engage in appropriate pre-action correspondence and exchange of information, with costs sanctions used to … Continue reading

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Webinar alert: pre-action strategy

On Tuesday 29 May (12:45 to 1:45 UK time) John Ogilvie, Matthew Bonye and Alex Oddy will present a live audio webinar on pre-action strategy. The session will explore strategic considerations before proceedings are commenced, including: Immediate points to consider when a dispute arises; Pre-action … Continue reading

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Filed under ADR, Announcements, Disclosure, Pre-action

Webinar alert – Conducting litigation from the client’s perspective: top tips from the Advocacy Unit

On Wednesday 21 March (12:45 to 1:45 UK time) Murray Rosen QC, David Phillips and Pamela Kiesselbach will present a live audio webinar which will provide a practical overview providing tips for clients and in-house counsel on how to approach and conduct litigation, looking at … Continue reading

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Filed under Announcements, Disclosure, Evidence, Experts, Pre-action, Settlement

Claimant entitled to costs where Part 36 offer accepted pre-action

The Court of Appeal has confirmed that where a Part 36 offer is made and accepted pre-action, so that no proceedings are issued, the claimant is entitled to its costs under CPR 36.10: Solomon v Cromwell Group Plc [2011] EWCA Civ … Continue reading

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Filed under Part 36 offers, Pre-action

Costs on acceptance of Part 36 offer pre-action

Where a Part 36 offer is made and accepted pre-action, so that no proceedings are issued, is the claimant entitled to its costs? The answer was yes in a recent High Court decision, KT and others (minors) v Bruce [2011] … Continue reading

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Disclosure of privileged report as condition of changing experts

In Edwards-Tubb v JD Wetherspoon PLC [2011] EWCA Civ 136, the Court of Appeal held that the court could not override privilege in an earlier expert’s report, but could and would normally require waiver of the privilege as a condition … Continue reading

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Filed under Experts, Pre-action, Privilege

Jurisdictional test for pre-action disclosure considered by the High Court

Flaux J in Alan Kneale v Barclays Bank plc [2010] EWHC 1900 (Comm) has taken a robust approach to an application for pre-action disclosure of a credit agreement which he said “smacked of ‘Micawberism’, the hope that something will turn … Continue reading

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Filed under Disclosure, Pre-action