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
