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Beware… or Be Sued! - Paul Stanton

19/06/13. Thirteen years ago, the Woolf Reforms (allegedly) heralded a “Brave New World” for civil litigation. The intention was to give Judges significant control of cases, and prevent claims being delayed unnecessarily. Issuing proceedings was intended to be a last resort. The consequences of default would be Draconian. The sound of Practitioner’s knees knocking together could be heard up and down the jurisdiction. Then, as time progressed, the Judiciary became more “relaxed” in their application of the Rules, and became more willing to grant relief from sanction, providing an applicant could loosely satisfy the relevant factors (in the pre-April 2013 Rule 3.9) . The Court of Appeal, in Fred Perry v Brands Plaza Trading [2012], criticised this very approach...

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