Litigation and Alternative Dispute Resolution

No More Second Chances

Contact: Stephen James; Clarkslegal LLP (Reading, England)

Litigation is sometimes criticised as slow and expensive. The ‘Jackson Reforms’, which came into force earlier this year, are intended to get to grip with these issues.

The recent case of Dass –v- Dass gives an interesting insight into the court’s current approach to a failure by a party to adhere to the court timetable. Although heard in July 2013, Dass was decided under the previous, supposedly more lenient, rules and should serve as a warning to those considering dragging their heels in litigation.

Dass concerned a personal injury claim, arising from a serious car accident in August 2007. In November 2010 the court ordered that any further medical expert reports be filed and served by May 2011. This deadline came and went with no further expert evidence from the defendant. The claimant chased in March 2012 and again in February 2013.

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