On 10 October 2018, Mr Justice Fraser handed down a written judgment in Bates and others v Post Office Limited reproaching both parties for their conduct of the case. The case is due to be heard over the course of three trials, commencing next month, but in advance of trial, there have already been 10 interim hearings.
Aggressive Litigation Tactics
Before setting out his decision on the interim hearing before him, Mr Justice Fraser took the opportunity to remind the parties that the “extremely aggressive litigation tactics” must stop. He noted that such tactics were very expensive and entirely counter-productive. He noted that his warning in similar terms one year earlier appeared to have been ignored.
Mr Justice Fraser asked the parties to remind themselves “daily, if necessary” of the overriding objective. The overriding objective sits at the heart of the Court’s procedural rules and prioritises the ability “to deal with cases justly and at proportionate cost”.
The solicitors representing the parties to this case must believe that they are conducting this case in the best interests of their clients but the Judge appears to disagree. The potential backlash for the clients will come when the Judge is asked to consider the parties’ liability for costs at the end of the case. The Court has an extremely wide discretion with regard to the costs and the conduct of the parties is a key factor in that decision.
The parties will no doubt be hoping that what the Judge sees as attempts to “outmanoeuvre one another in litigation”, will gain them sufficient benefit in any settlement negotiations or trial to outweigh the potential implications on their costs liability.
This is a balance that all litigators face on a daily basis; one which requires a cool head and specialism sufficient to know which battles to fight and which are best compromised to support an ultimate success at the end of the case.
How Nelsons Can Help
If you would like advice in relation to the subjects discussed above, please contact a member of the Dispute Resolution team on 0800 024 1976 or contact us via the online form.