header-logo header-logo

The P word

15 June 2012 / Dominic Regan
Issue: 7518 / Categories: Features , Procedure & practice , Costs
printer mail-detail

It’s all about proportionality, says Dominic Regan

The concept of proportionality is spreading like a virulent rash over the body of English law. The entire canon of Jackson material can be condensed into that solitary word. Litigation must be conducted in a manner and at a cost commensurate with a proportionate approach. What is, perhaps, less obvious, is that in recent times proportionality has been invoked to dismiss claims or to prevent them from being pursued.

Proportionality in practice

Let us take the recent decision of Tugendhat J in Citation plc v Ellis Whittam Ltd [2012] EWHC 549 (QB), [2012] All ER (D) 174 (Mar). This was an action for slander and malicious falsehood between two rival companies. The claimant made it clear that it had not suffered actual damage, and, as a company, it was incapable of recovering damages for distress. Since the defendant had accepted that it must never repeat the words complained of, the court concluded that litigation could not achieve more than had already been obtained by

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll