The defendant costs specialists

Electronic copy of Points of Dispute

By on Aug 27, 2013 | 7 comments

I’ve just received a request from a costs firm asking for an electronic copy of Points of Dispute to be forwarded to them “pursuant to Costs Practice Direction 35.6”. Now that we are almost a full five months into the new regime I am unsure as to whether:

1. the other side has yet to update their standard letters; or
2. the other side is unaware the Costs Practice Direction is no more (other than for some transitional matters).

    7 Comments

  1. I agree that it is sloppy work but you must agree that supplying a copy of the PODs benefits all parties?

    Charles Wheatcroft

    27th August 2013

  2. How did you/will you respond?

    Richard

    27th August 2013

  3. I had a similar demand from a Defendant, whom is the RP in this case, and obviously completely unfamiliar with recovery of costs process. They have threatened an application. I have asked for the authority , rule or PD they rely on. Yes, its disproportionate not to provide the copy they ask for, but to have it demanded and threats made – bring it on !

    Anonymous

    27th August 2013

  4. A well known firm recently insisted that they do not accept service via fax or email. They then go to state that notwithstanding the above they require an electronic copy of our Points of Dispute. The cheek!

    I can only think that they wish to catch some people out and benefit from the new draconian rules which would make it extremely difficult to set aside a DCC.

    In this modern day and age there is simply no good reason for a firm to take such a ridiculous stance on service of documents, particularly a firm of this size.

    The postal service is a joke these days. Fax and email are much more reliable.

    Anon

    27th August 2013

  5. Anon

    Service being effective is far removed from seeking an electronic copy to prepare a consolidated document in Reply. The issues are different

    Also, if they openly state that how is it going to catch you out?

    Why not contact them prior to serving PODs. that tends to move any matter forward far quicker than PODs served by email at 17.59 (ie out of time) on the last day knowing full well that a DCC cant be secured as the PODs are in – albeit late.

    annon

    27th August 2013

  6. Oh and yes I do do that – not to catch anyone out (I spell my position out) but rather to try and get dialogue open in the hope that someone may actually contact me to discuss the matter before sending me standardised PODs at the last (or later – see previous post) minute

    annon

    27th August 2013

  7. Courts are going to be thoroughly clogged up with litigants in person in the future. The LiP’s will be ignorant of all the rules and will be struggling even to comply with express orders of the court. Hearings will take much longer and it will take two or more directions hearings to accomplish what one short one would have where lawyers were instructed.

    Professional court users have a duty to free up as much court time as they properly can. Arcane point scoring over the wording of rules or their continued existence would take up valuable court time to no constructive purpose whatsoever.

    Good ways of annoying judges? Technical arguments at the expense of commonsense is one. Another is inflicting two separate documents on a judge at a Detailed Assessment Hearing. Regardless of the exact rules which apply, just send them an electronic document!

    Jonathan James

    30th August 2013

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