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11 December 2008
Issue: 7349 / Categories: Legal News , Procedure & practice
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Mistaken protocol

Procedure

Government proposals to replace the current Practice Direction on Protocols
with one written in “clearer language” have been criticised by the London Solicitors Litigation Association (LSLA) which sees no benefit in the change.

David Greene, president of the LSLA and partner at Edwin Coe LLP, says: “The LSLA believes that there is already in existence a Practice Direction that sets out preaction behaviour which is suitable and fit for all those types of proceedings that are not already covered by a preaction protocol.”

“Those protocols have been worked out by specialists who deal specifically in the area covered, understand the procedure and the way pre-action behaviour should be regulated,” he adds. “The drafts of the Practice Direction, including the present one, have not been worked out by specialists
because they are intended to cover general litigation. We think that that is a
mistake and arises from a misconception by Ministry of Justice.”

Greene adds: “The proposals are not particularly helpful to anyone and we don’t see any substantial benefit from them. Each time this has gone to consultation, the majority of respondents have rejected it and each time that happens, another version appears. We have something that is working, why attempt to fix something that is not already broke.”

Issue: 7349 / Categories: Legal News , Procedure & practice
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MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
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Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
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Police powers targeting concealed identities at protests come with procedural conditions that could determine whether prosecutions succeed
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