All posts by Practical Law Dispute Resolution

REUTERS |

For all the costs reform we have seen over the past two decades, there remains plenty of scope for more, and the Master of the Rolls, Sir Geoffrey Vos, last month made clear his intention to take this forward – and potentially in a radical way.

Giving the keynote address to the Association of Costs Lawyers (ACL) annual conference in London, he revealed that he has already asked the Civil Justice Council (CJC) to “embark on a review of costs issues at all levels, including the guideline hourly rates”, as he indicated he would do when setting the new rates in August of this year.

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REUTERS |

While the court will not strike out witness statements for non-compliance under PD 57AC (Trial Witness Statements in the Business and Property Courts) where there is sufficient compliant material, it is clear from the recent High Court decision in Blue Manchester Ltd v Bug-Alu Technic GmbH & Simpsonhaugh Architects Ltd that the court will not tolerate trial witness statements that are ambiguous as to what the witness recalls. Inappropriate use of the third person, identical wording across several witness statements, composite lists of documents for several witnesses or a glib approach to the witness’s confirmation of compliance are also unlikely to be accepted by the court.

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REUTERS |

On 22 December 2021, the CJC announced that the deadline for responding to its consultation has been extended to 10 am on 21 January 2022.

With just a few shopping days left until Christmas, busy practitioners and elves alike could be forgiven for overlooking the Civil Justice Council’s consultation on the Pre-Action Protocols (PAPs) which is due to close at 10am on 24 December 2021.

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