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Jackson’s recommendations was that the practice direction on pre-action conduct (PDPAC) should be substantially repealed and replaced by a more general obligation to engage in appropriate pre-action correspondence and exchange of information, with costs sanctions used to curb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

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

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

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] EWHC B14 (QB). Read more

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 of granting permission to adduce evidence from a different expert. Read more