I havent had a chance to post much over the past couple of weeks, not because there hasnt been anything going on, far from it in fact.
The Andrew Mitchell -v- News Group News papers ruling has certainly been helpful, helpful in the sense that para 40 and 41 make it clear that the rules cannot be ignored, and if a Claimant does so, then he does at his peril. As most people will know i represent mainly Defendants in financial claims, Consumers who have been wronged by banks and credit providers etc.
When these banks issue claims, generally from my experience they are in default of the CPR Pre Action Protocol Practice Direction, and when asked for copies of documents in their claim form per CPR rule 31.14, they generally cannot comply within the time frame set out in rule 31.15 of 7 days.
This is where Mitchell helps out.
The Courts are taking a harder line on this type of non compliance. There have been a number of applications which i have been involved with, up and down the Country, all of which have succeeded with either an automatic strike out, or an unless order of either 7 or 14 days which the Claimant must provide copies or they are struck out.
This is part of the reason why i havent been posting much lately. Simply because there has been sooo sooo much going on.
I am hoping to be able to post more in the next week or so about the recent results.