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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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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