header-logo header-logo

02 April 2009 / Tony Allen
Issue: 7363 / Categories: Features , CPR
printer mail-detail

A few home truths...

More thoughts about “Zander on Woolf” by Tony Allen

To respond to an article which revisits the Civil Procedure Rules (CPR) critically and which does not deplore the growth of mediation is certainly a bit of a holiday (see “Zander on Woolf”: NLJ, 13 March 2009, p 367).
While the CPR may have aspired to save costs through simplifying and streamlining, they seem not to have done so. I am not, however, persuaded that this is because of the CPR, but perhaps despite the CPR, and because some aspects of the Woolf reforms remain insufficiently enforced.

The long view

The first impact made on litigation practitioners when the CPR were published in early 1999 (with Lord Irvine refusing to countenance delay) was of a penal code, littered with references to costs sanctions. As my former firm retreated to a nearby school library to gear up for the new regime, the fear that our urbane local district judges would at midnight on 26 April 1999 turn into ravening juridical werewolves intent on feasting on the

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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll