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16 February 2018 / Jonathan Goodliffe
Issue: 7781 / Categories: Features , CPR
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All hail the CPR!

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‘DDJ Goodliffe‘ of the Brexeter County Court fires a warning shot against recalcitrant lawyers & experts

The Civil Procedure Rules (CPR) are a comparable development to the laws of Hammurabi and Justinian, Magna Carta and the Napoleonic Code. All English lawyers who practise litigation in the 21st century should contribute to the advancement of the reforms. Resistance to this progress must be crushed.

The most important aspect of the rules is the emphasis on making wasted costs orders against recalcitrant lawyers. Many solicitors who conduct litigation in this country are either over-aggressive, over-greedy, incompetent or lazy. Lawyers have grown fat over the last 50 years from legal aid and the generosity of the Court Taxing Office. If lawyers witness the humiliation and ruin of those who incur the displeasure of the judiciary, they may start to shape up. Experience has proved that appeals to the higher instincts of people like this merely fall on deaf ears.

There is, however, an increasing realisation that wasted costs orders may in certain circumstances be an insufficiently Draconian

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MOVERS & SHAKERS

Ward Hadaway—19 promotions

Ward Hadaway—19 promotions

19 promotions across national offices, including two new partners

Brabners—Ruth Hargreaves

Brabners—Ruth Hargreaves

Partner promoted to head of corporate team

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Chester office expansion accelerates with triple appointment

NEWS
As AI chatbots increasingly provide legal and commercial advice, English law is beginning to confront who should bear responsibility when automated systems get things wrong
Businesses are facing a ‘dramatic rise in prosecution risks’ as sweeping reforms to corporate criminal liability come into force, expanding the net of who can be held responsible for wrongdoing inside organisations
The Court of Appeal’s decision in Mazur v Charles Russell Speechlys has reignited debate over what exactly counts as the ‘conduct of litigation’ in modern legal practice
A controversial High Court financial remedies ruling has reignited debate over secrecy, non-disclosure and fairness in divorce proceedings involving hidden wealth
Britain’s deferred prosecution agreement regime is undergoing a significant shift, with prosecutors placing renewed emphasis on corporate cooperation, reform and early self-reporting
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