CCMCs In Cross-border Cases

In cross-border multi-track cases, CCMCs are likely to require some more careful thought and preparation than in comparison with a CCMC in a standard personal injury or clinical negligence claim. Cross-border claims are often governed by local standards in a different jurisdiction, or the applicable law of the claim may not be English law (and indeed, the claim may be governed by an international convention). That, coupled with witnesses being located outside of England and Wales, may present an additional layer of complexity for practitioners. For example, it is not unusual for requests to be made by a defendant for a date for disclosure to take place some months after the CCMC, as disclosure requests often require the cooperation of organisations abroad. The COVID-19 pandemic has undoubtedly hindered the speed at which disclosure can take place in these claims, which is more commonly leading to judges building in extra time into proposed directions.