header-logo header-logo

07 September 2012 / Mary Blyth
Issue: 7528 / Categories: Opinion , Procedure & practice
printer mail-detail

Spare part?

The unholy use & abuse of Pt 18 must come to an end, says Mary Blyth

National Grid Electricity v ABB & Ors [2012] EWHC 869 (Ch), [2012] All ER (D) 92 (Apr) for most appears to be a competition case with a definitive judgment about disclosure, immunity and relevance of documents. For me, the elephant in the room is the guidance provided on CPR Pt 18.

Since 1998, there have been no less than 58 updates to the CPR but Pt 18 has been left relatively unchanged. More often than not any dispute regarding Pt 18 quickly reverts to a dispute about disclosure and CPR 31 where the journey ends.

Irrelevant & disproportionate

How often have you received a Pt 18 request demanding evidence that is both irrelevant to the issues of the case and disproportionate? Frequently, I hasten to suggest.

At long last we now have a Chancery High Court decision that has the unintended consequence of providing guidelines on how Pt 18 should be used and interpreted.

For many years I have struggled with Pt 18 and attempts by my opponents

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

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
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll