Motor insurers have become concerned in recent years with cases which seem to be pursued more for the benefit of the companies involved in facilitating the claim than for the claimants themselves. Continue reading →
Papers from the CPRC meeting on 6 October 2017 became publicly available on 7 November 2017.
The papers, including the programme of forthcoming CPRC work, again highlight just how busy the CPRC is, on a huge range of fronts. There are also hints about how it is often put under pressure to consider things at the last minute. Continue reading →
If there is one aspect of civil procedure that keeps lawyers awake at night (or if not lawyers, their clients), it is the sheer bulk and complexity of disclosure. It may be an exaggeration to say that the English disclosure regime is dysfunctional, but it certainly leaves a lot to be desired. The problem is not just the sheer bulk of disclosure required in an electronic age and the costs that flow from that. It is also the disruption caused to a business when document retention policies have to be suspended, old hard drives resurrected and thousands of files opened as part of a “reasonable search”. In addition to the mechanics of disclosure, there is also privilege to consider, of course, and the strict and sometimes counter-intuitive rules that have held sway in England for some 13 years now, since the Three Rivers litigation. Continue reading →
Papers from the CPRC meeting on 7 July 2017 became publicly available on 2 November 2017. A lot of water has flowed under the bridge in the intervening four months. Nonetheless, there are still a few snippets of interest.
A simple question but one to which, until now, there has not necessarily been a simple answer.
The starting point itself is simple. At the end of a hearing or a trial, the court can make a costs order directing one party to pay the costs of the other party. If the proceedings have been concluded, for example by a judgment or settlement agreement, the costs can be quantified by detailed assessment straightaway (CPR 47.1). Alternatively, the court can order an immediate assessment by directing that “the costs be assessed and paid forthwith”. Absent such a direction, the receiving party must wait until the proceedings have concluded before any entitlement to have the costs assessed arises. Continue reading →