Litigation Notes

Pre-action protocols: Civil Justice Council proposes bespoke protocol for commercial cases, including mandatory pre-action "dispute resolution process"

Whether and how the recommendations are implemented will be a matter for the Civil Procedure Rules Committee.

Commercial litigation podcast series – Episode 21: General update

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 …

Costs reforms: proposed changes to costs budgeting, guideline hourly rates and pre-action costs

Last week the Civil Justice Council (CJC) published the Final Report in its Costs Review, conducted by a working group led by Lord Justice Birss. …

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 …

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. …

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 …

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 …

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Justice Jackson's recommendations was that the practice direction on pre-action conduct (PDPAC) should be substantially repealed and …

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 …

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 …

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 …