header-logo header-logo

16 February 2018 / Jonathan Goodliffe
Issue: 7781 / Categories: Features , CPR
printer mail-detail

All hail the CPR!

nlj_7781_goodliffe

‘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

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

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson appoints Paula Myers to private capital team in Leeds

mfg Solicitors—five promotions

mfg Solicitors—five promotions

Law firm mfg Solicitors announces five promotions at Birmingham office

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
Calls to raise the age of criminal responsibility from 10 to 14 have been renewed, with the Bar Council arguing the current threshold criminalises children too early and risks pushing them towards lifelong offending
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
back-to-top-scroll