Q&As

How can I enforce an order for pre-action disclosure and costs?

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Published on LexisPSL on 03/10/2016

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • How can I enforce an order for pre-action disclosure and costs?
  • Effect of non-compliance
  • Courts’ case management powers
  • Unless order
  • Costs

Firstly, it would be prudent to look at the terms of the pre-action disclosure order to see if it mentions anything regarding enforcement. For an example order, see Precedent: Order for pre-action disclosure.

Effect of non-compliance

Compliance refers to the parties’ need to comply with the court’s rules, practice directions and orders (CPR 1.1(2)(f) and CPR 3.8)—see Practice Note: Case management—compliance. Note: rules and guidance can be set out in any applicable court guide, as well as in the CPR. To access various court guides, see Practice Note: Court guides and other guidance.

Failing to comply with civil procedural rules, practice directions and/or court orders can increase the amount of time it takes for a dispute to be resolved and/or the costs of doing so. These delays and costs affect other court users, as well as the parties to the instant proceedings.

Conversely, effective and efficient case and costs management can minimise the time and costs of resolving a dispute and also enable more court users to access the courts’ limited resources.

It was largely for these reasons that the April 2013 Jackson Reforms sought to introduce a more robust approach to case management and compliance, see Practice Notes: Relief from sanctions—the courts’ approach and Relief from sanctions—illustrative decisions.

Courts’ case management powers

The court has a wide range of case management powers under CPR 3.1(2) which can be exercised unless

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