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11 December 2008
Issue: 7349 / Categories: Legal News , Procedure & practice
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Mistaken protocol

Procedure

Government proposals to replace the current Practice Direction on Protocols
with one written in “clearer language” have been criticised by the London Solicitors Litigation Association (LSLA) which sees no benefit in the change.

David Greene, president of the LSLA and partner at Edwin Coe LLP, says: “The LSLA believes that there is already in existence a Practice Direction that sets out preaction behaviour which is suitable and fit for all those types of proceedings that are not already covered by a preaction protocol.”

“Those protocols have been worked out by specialists who deal specifically in the area covered, understand the procedure and the way pre-action behaviour should be regulated,” he adds. “The drafts of the Practice Direction, including the present one, have not been worked out by specialists
because they are intended to cover general litigation. We think that that is a
mistake and arises from a misconception by Ministry of Justice.”

Greene adds: “The proposals are not particularly helpful to anyone and we don’t see any substantial benefit from them. Each time this has gone to consultation, the majority of respondents have rejected it and each time that happens, another version appears. We have something that is working, why attempt to fix something that is not already broke.”

Issue: 7349 / Categories: Legal News , Procedure & practice
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MOVERS & SHAKERS

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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