‘It may come as a surprise to many solicitors that there is a presumption that the costs of making and complying with an application for pre-action disclosure are to be paid by the party making the application.’
Zenith PI Blog, 11th February 2015
Source: www.zenithpi.wordpress.com
‘The government has responded to widespread pressure and scrapped plans to impose an insurance industry-devised mesothelioma pre-action protocol (PAP) and the fixed recoverable costs regime (FRC) that underpinned it.’
Litigtaiton Futures, 5th December 2013
Source: www.litigationfutures.com
“The Law Society has come out strongly against the introduction of fixed recoverable costs (FRCs) for mesothelioma claims and argued that while a dedicated pre-action protocol (PAP) could be a good idea, the one proposed by the Association of British Insurers and adopted by the government is not.”
Litigation Futures, 14th November 2013
Source: www.litigationfutures.com
“In his monthly column, James Bickford Smith considers the Court of Appeal’s decision in Nelson’s Yard Management Company and others v Eziefula [2013] EWCA Civ 235 and how a failure to respond to pre-action correspondence can justify departure from the default rules on costs following discontinuance.”
Full story (PDF)
Littleton Chambers,
Source: www.littletonchambers.com
“The Bar Council’s pre-action protocol letters for judicial review of two consultations which are being conducted by the Ministry of Justice and the Legal Services Commission, have been delivered today (17 February).”
The Bar Council, 17th February 2010
Source: www.barcouncil.org.uk
“In accordance with the Pre-Action Protocol for Judicial Review Claims, solicitors acting for the Bar Council have today written to the Legal Aid Minister, Lord Bach and to the Chairman of the Legal Services Commission, Sir Bill Callaghan in order to advance proceedings for judicial review of the Government’s consultations on criminal legal aid. ”
The Bar Council, 10th February 2010
Source: www.barcouncil.org.uk
“The Bar Council has taken the first step toward a judicial review (JR) of two consultations on Advocates Graduated Fees and Very High Cost Cases (VHCCs) which are being conducted by the Ministry of Justice (MoJ) and the Legal Services Commission (LSC) respectively. The Bar Council has instructed solicitors to write to the MoJ and the LSC, in accordance with the pre-action protocol for judicial review claims. The principal basis for the Bar Council’s claim is that the consultation exercise is inadequate and unfair.”
The Bar Council, 5th February 2010
Source: www.barcouncil.org.uk
EDO Corpn v Ultra Electronics Ltd [2009] EWHC 682 (Ch); [2009] WLR (D) 114
“The procedure for pre-action disclosure provided by s 33(2) of the Supreme Act 1981 was not available to a party where the underlying dispute he might have with the proposed defendant arose out of a contract which required any dispute to be determined by arbitration.”
WLR Daily, 1st April 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
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