Q&As

If we are on the record as acting for a client in a civil claim but are unable to obtain instructions from the client in relation to compliance with a court order which deals with various case management issues regarding directions questionnaires, lists of issues, disclosure and costs budgets, and the client specifically doesn't want us to carry out the work in order to comply, will there be any come back on the firm for failing to comply with the deadline, or only the client in terms of its defence being struck out/costs sanctions etc?

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Published on LexisPSL on 21/09/2018

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

  • If we are on the record as acting for a client in a civil claim but are unable to obtain instructions from the client in relation to compliance with a court order which deals with various case management issues regarding directions questionnaires, lists of issues, disclosure and costs budgets, and the client specifically doesn't want us to carry out the work in order to comply, will there be any come back on the firm for failing to comply with the deadline, or only the client in terms of its defence being struck out/costs sanctions etc?

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. In keeping with the April 2013 Jackson Reforms’ intention to keep the time and cost of litigating to a minimum, the courts seem to be taking a more robust and pro-active approach to case management, compliance and relief from sanctions. The following Practice Note: Case management—compliance includes a list of key provisions that practitioners ought to have in mind under the heading: Why is compliance important?

You should bear in mind the SRA Principles, particularly those requiring you to:

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