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the death of pre-action disclosure applications (PADs)…?

3 February 2017
…well, maybe not - but certainly as a costs building exercise.

In the case of Sharp v Leeds City Council (2017)

, the Court of Appeal found pre-action disclosure applications (PADs) were not exempt from the Employment Liability / Public Liability (EL/PL) pre-action protocol fixed costs scheme (i.e. the portal). In this instance, the claimant’s costs were reduced from £1,250 to £305.

  

This case makes for interesting reading for those faced with PADs. While there may be exceptions in the future to limit costs to within the fast track fixed costs scheme, at this stage to allow PAD’s to be subject to assessable costs would “give rise to an undesirable form of satellite litigation”.

We have long used our ‘PAD product’ to argue for ‘no order for costs’ where a PAD has been issued. That still applies, but now as a fall-back, this case should (for the time being) ensure the claimant’s costs are at the most limited to those costs in the portal.

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