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Why avoid litigation?

 Court fees are too high 

 Specialised Judges are not permitted

 Old fashioned paper filing

 Lack of speed and efficiency

 Lack of Privacy

 The Parties lack control

 The Civil Procedure Rules discourage co-operation

 Higher lawyers’ hourly rates

 Cost budgeting is slow, unreliable and expensive

 Assessment of costs is slow

Courts charge £10,000 to issue personal injury and clinical negligence cases over £200,000.

The Ministry of Justice does not permit judges to specialise in personal injury or clinical negligence cases.

Nothing in court is online, paper filing is inefficient. Courts are closing, staff are being laid off. Case Management Conferences delay cases by months. Parties suffer hours of waiting around at court for hearings to start and last minute adjournments. Files, trial bundles and skeleton arguments are lost.  Trial “windows” suit the courts but are very expensive for the parties and inconvenient for experts. Orders are typed up late.

The claim is open to the press and the public, there is no privacy.

The parties cannot control the procedure.  Permission is needed for every piece of evidence.

The change of the Overriding Objective away from Justice and towards “the Court’s convenience” led to a procedural war and undermined co-operation.  

Hourly rates in civil litigation are higher by at least 10%.

The time and cost involved in creating costs budgets and arguing over them increases the costs of civil litigation.


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