Different Ways of Submitting Evidence in Court

As a student with The Institute of Legal Secretaries and PAs, it is always a good idea to acquire a clear appreciation of exactly how the English legal system works. From the conventions of Parliament that have accrued over many centuries to how evidence may be given in court in light of the fact that we now live in an advanced technological age. It is this latter dimension of our judicial system that we will turn our attention to in this article.

Should Mediation be Compulsory for all Cases?

In England and Wales mediation has become a common feature of many types of litigation. Sir Rupert Jackson’s 2009 report on civil litigation recommended that the courts can and should in appropriate cases encourage mediation. This may be limited to simply pointing out its benefits or requiring an explanation from parties when they are not willing to meet and/or discuss mediation. However, where a party is found to have unreasonably refused to mediate, they can be penalised in costs by the court.

Pre-action Protocol for Debt Claims

On 1 October 2017 we saw the long-awaited pre-action protocol for debt claims come into force. A pre-action protocol is a set of steps contained in the Civil Procedural Rules that parties must follow before a claim is made. The idea behind having a protocol is to promote early settlement of claims and reduce legal costs. If a party ignores a protocol, then he or she may be subject to a penalty in legal costs allowed by the Court.