The defendant costs specialists

New Points of Dispute rules

By on Apr 22, 2013 | 5 comments

The old CPD 35.6 provided:

“(1) This paragraph applies in cases in which Points of Dispute are capable of being copied onto a computer disk.
(2) If, within 14 days of the receipt of the Points of Dispute, the receiving party requests a disk copy of them, the paying party must supply him with a copy free of charge not more than 7 days after the date on which he received the request.”

I have been unable to locate any corresponding provision in the new rules. This is particularly strange given it is clearly envisaged any replies made (such as are allowed) will be made on the same document as the points of dispute.

    5 Comments

  1. does it really need to be in the rules, for common sense to prevail??

    Anonymous

    22nd April 2013

  2. The rule is obsolete. Points of Dispute will now invariably be prepared in an electronic editable format. The practice of supplying copies of such documents if requested via email, dropbox or some other means is virtually universal.

    The rule never did what was intended anyway. You could always copy the file onto disk in a format that couldn’t be edited and still comply with the rule.

    Paul Sullivan

    22nd April 2013

  3. Would that Paul were right. I still see far too many assessment bundles where the PoD and the Replies are on separate documents. Total irritation before we even begin.

    Jonathan James

    24th April 2013

  4. i see far too many Pods in the past prepared in some sort of software that even the pentagon cant even open the bloody thing!! Come on guys who cares. Lets just get the job done.

    Anonymous

    25th April 2013

  5. I’ve received two sets of points of dispute in the new format via fax in the last 5 days, both defendants have thus far ignored two requests apiece to provide me with an electronic version so that I can include everything in the one document, I’m seemingly without any form of lever to get them to send them to me, other than to raise their conduct as an issue of course

    Also Anonymous

    10th May 2013

Post a Reply

Your email address will not be published. Required fields are marked *