Commercial litigation podcast series – Episode 21: General update

In this 21st episode of our series of commercial litigation update podcasts, we look at developments relating to litigation funding since the Supreme Court’s dramatic decision in Paccar in late July, as well as brief updates on ADR, pre-action conduct and costs. We also discuss developments relating to Russian sanctioned parties, and the disqualification proceedings … Read more

Pre-action protocols: Civil Justice Council recommends mandatory pre-action ADR but will consider more flexible bespoke protocol for commercial cases

The Civil Justice Council (CJC) has issued a report recommending substantial changes to the regime of pre-action protocols (PAPs) which parties are expected to follow before civil proceedings are commenced in the English courts. Since 2020, a CJC working group has been undertaking a fundamental review of the role that PAPs play in the civil … Read more

Civil Justice Council consultation on changes to pre-action protocols – problematic aspects for commercial litigation

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

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Jackson’s recommendations was that the practice direction on pre-action conduct (PDPAC) should be substantially repealed and replaced by a more general obligation to engage in appropriate pre-action correspondence and exchange of information, with costs sanctions used to curb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

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