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09 October 2015 / Jeffrey T Shapiro
Issue: 7671 / Categories: Features , Profession
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Help is out there

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Jeffrey T Shapiro examines what support is available to assist litigators to satisfy the increased focus on early settlement & costs control

The new Practice Direction on pre-action conduct and protocols (PDPACP) came into force on 6 April 2015. Pre-action behaviour now directly supports the overriding objective to enable “the court to deal with cases justly and at proportionate cost” (CPR 1.1(1)). Under the PDPACP, “the court expects the parties to have exchanged sufficient information before commencing proceedings: (1) to understand each other’s position and make decisions on how to proceed; (2) to try to settle without proceedings or consider Alternative Dispute Resolution; and, (3) where proceedings are necessary, to enable efficient management at a proportionate and reduced cost” (PDPACP 3).

While the objectives of the PDPACP and CPR now align, the data-driven realities of our modern world are at odds with the need to get to the facts quickly at reduced cost. With the Jackson Reforms, the government instituted a menu of disclosure options when formal proceedings commence to help reduce the burden of big data. CPR 31.5 allows the court

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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