In November 2021, the Civil Justice Council (CJC) published an Interim Report considering what role pre-action protocols (PAPs) should play in the civil justice system and inviting views on a range of possible reforms to the existing pre-action regime. The interim report describes the proposed changes as “evolutionary rather than revolutionary”. However, if the proposed … Read more

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 pre-action protocol for personal injury claims and that, had it done so, the claim would … Read more

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 that it has “some sort of prima facie case which is more than a merely … Read more

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 with the applicable pre-action protocol: Webb Resolutions Limited v Waller Needham & Green (a firm) … Read more

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Justice Jackson’s recommendations was that the practice direction on pre-action conduct (PDPAC) should be substantially repealed and replaced by a more general obligation to engage in appropriate pre-action correspondence and exchange of information, with costs sanctions used to curb unreasonable behaviour. This recommendation has been taken forward by the Civil Justice Council, which … Read more

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 protocols; Pre-action disclosure; Negotiation and ADR.   Read more

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 what can be done during the various stages of a dispute (starting from pre-action through … Read more

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 1584. In so finding the court approved the decision of the Deputy High Court Judge (John … Read more