The Rising Cost Of Not Litigating

Last month, the Civil Justice Council closed its consultation on potential changes to the pre-action protocols (PAPs), the rules governing the conduct and steps that are expected of parties to seek to resolve or narrow a dispute before commencing civil litigation in England and Wales. Although amendments to the PAPs are still a way off, any party that values flexibility in how it approaches disputes outside of a courtroom will be interested to learn of the more prescriptive expectations that may, in time, apply.

The Civil Justice Council's interim report, published late last year, took a fresh view of the role of PAPs in modern-day litigation, setting out possible reforms on which it invited thoughts and opinions.