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09 October 2015 / Jeffrey T Shapiro
Issue: 7671 / Categories: Features , Profession
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Help is out there

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Jeffrey T Shapiro examines what support is available to assist litigators to satisfy the increased focus on early settlement & costs control

The new Practice Direction on pre-action conduct and protocols (PDPACP) came into force on 6 April 2015. Pre-action behaviour now directly supports the overriding objective to enable “the court to deal with cases justly and at proportionate cost” (CPR 1.1(1)). Under the PDPACP, “the court expects the parties to have exchanged sufficient information before commencing proceedings: (1) to understand each other’s position and make decisions on how to proceed; (2) to try to settle without proceedings or consider Alternative Dispute Resolution; and, (3) where proceedings are necessary, to enable efficient management at a proportionate and reduced cost” (PDPACP 3).

While the objectives of the PDPACP and CPR now align, the data-driven realities of our modern world are at odds with the need to get to the facts quickly at reduced cost. With the Jackson Reforms, the government instituted a menu of disclosure options when formal proceedings commence to help reduce

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NEWS
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
The government has launched a £16m legal support grant to support 48 frontline legal advice organisations supporting people facing eviction, problem debt, benefit disputes and family breakdown
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