0370 270 6000
Home arrow Insights & events arrow Resources arrow Blogs arrow Recent surge in pre-action disclosure applications

Recent surge in pre-action disclosure applications

14 August 2013

At a time when claimant solicitors are being limited in the costs they can seek, we have seen an influx of pre-action disclosure applications. In particular applications have been made prior to the expiry of the time period allowed under the protocols or even where disclosure has already been made.

The attitude taken towards compliance with the pre-action protocols has not been in keeping with the purpose or the sprit of the protocols in allowing early communications between claimant and defendant and where appropriate to settle the issue between the parties. This, one might think, might be more about cash flow than justice. What is more, the costs have jumped significantly, in several cases to just under £1000.

How should such applications be dealt with? Firstly, ensure that there is no cause for applications to be made. However, where an application is made without merit, this should be contested and in doing highlight that they run the risk of paying your costs!

Related opinions

IR35 rules to be scrapped from April 2023

The Chancellor’s recent mini-budget provided a significant announcement for business as it was confirmed that the off-payroll working rules (known as “IR35”) put in place for public and private sector businesses from 2017 and 2021 will be scrapped from April 2023.

View blog

Cameras in convenience stores: a potential hornet’s nest..?

A convenience retailer has opted to install cameras (the “Facewatch” system) at a limited number of its English stores to reduce crime and protect its staff.

View blog

Job applicant receives settlement due to unlawful age discrimination at interview

Janice Walsh applied for a job with Domino’s Pizza, hoping to secure a role as a Delivery Driver. However things quickly took a turn for the worse during her initial interview, with the very first question that she was asked relating to her age. Ms Walsh was ultimately informed that she had not been successful in her application.

View blog

Covid Rent Arrears: Cinema operators’ appeals dismissed

The Court of Appeal has dismissed two cases regarding rent arrears accrued during the Covid lockdowns. The cases are London Trocadero (2015) LLP v Picturehouse Cinemas Ltd and Bank of New York Mellon (International) Ltd v Cine-UK Ltd.

View blog

View all blogs

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up

Quick links

Information

  1. ISO 27001 INFORMATION SECURITY MANAGEMENT UKAS
  2. Investors in people
  3. Lexcel
  5. Plain English Campaign Approved

© Copyright Browne Jacobson LLP 2022 - All rights reserved