Mistaken protocol

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.”