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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
The legal profession’s claim to be a ‘guardian of fairness’ is under scrutiny after stark findings on gender imbalance and opaque progression. Writing in NLJ this week, Joshua Purser of No5 Barristers’ Chambers and Govindi Deerasinghe of Global 50/50 warn that leadership remains dominated by a narrow elite, with men holding 71% of top court roles
A legal challenge to police disclosure rules has failed, reinforcing a push for transparency in policing. In NLJ this week, Neil Parpworth examines a case where the Metropolitan Police required officers to declare membership of groups like the Freemasons
Bereavement leave is undergoing a quiet but profound transformation. Writing in NLJ this week, Robert Hargreaves of York St John University explains how the Employment Rights Act 2025 introduces a day-one right to leave for a wider range of losses, alongside new provisions for pregnancy loss and bereaved partners
Courts are beginning to grapple with whether AI-generated material is legally privileged—and the answers are mixed. In this week's issue of NLJ, Stacie Bourton, Tom Whittaker & Beata Kolodziej of Burges Salmon examine US rulings showing how easily privilege can be lost
New guidance seeks to bring order to the growing use of artificial intelligence (AI) in expert evidence. Writing in NLJ this week, Minesh Tanna and David Bridge of Simmons & Simmons set out a framework stressing ‘transparency’, ‘explainability’ and ‘reliability’
back-to-top-scroll