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
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Justice Jackson’s recommendations was that the practice direction on pre-action conduct (PDPAC) should be substantially repealed and replaced by a more general obligation to engage in appropriate pre-action correspondence and exchange of information, with costs sanctions used to …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
Filed under Pre-action
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
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
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
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
Filed under Part 36 offers, Pre-action
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
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
Filed under Disclosure, Pre-action
Final report published today in Lord Justice Jackson’s year-long costs review
The final report in Lord Justice Jackson’s civil litigation costs review was published this morning. The report presents the Judge’s findings and supporting evidence following his year-long review. It will now be for the Ministry of Justice to consider the … Continue reading
Filed under Collective actions, Costs, Disclosure, Evidence, Funding, Part 36 offers, Pre-action
