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The death of Pre-Action Disclosure Applications (PADs)…?

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.

related opinions

Applying QOCS protection in a claim for personal injury and something else

In The Commissioner of Police of the Metropolis v Brown [2018], the High Court ruled that a Circuit Judge was wrong to automatically apply QOCS protection to a claim for misuse of data which also included a claim for personal injury.

Personal injury reforms delay

In May 2018 I prepared a blog entitled ‘small claims u-turn?’ after the Justice Select Committee called on the government to put the ex-Chancellor George Osborne’s plans to raise the small claims limit for personal injury claims and prohibit awards of general damages for minor soft tissue injuries on hold whilst the past five years of reforms are evaluated.

Valuing a claim following professional negligence

Mrs Jean Edwards v Hugh James Ford Simey (a Firm) (2018 EWCA) is an interesting case involving solicitor’s negligence in the bringing of a disease claim under a vibration white finger scheme against the Department of Trade and Industry by the estate of a former miner.

Discount rate to change again

The Government's response to the recent consultation on the discount rate has been published today.

View all blogs

Jonathan Cook

Senior Associate

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