June 1999

New terms - and more costs up front


Given the number of banking and commercial agreements written under English law, bankers and corporate lawyers need to be aware of new litigation rules in the UK. By Christopher Stoakes


At the end of April the way in which cases are brought to trial in the UK was transformed. Partly this is to reduce the state's costs - the government wants to limit the amount it spends on legal-aid (financial support to individuals who are too poor to represent themselves in court) but the reforms are also designed to accelerate litigation and to prevent worthless cases from dragging on. Any bank or multinational that litigates before the UK courts needs to be aware of these changes.

The first thing they will notice is that the language itself has changed. A claimant (no longer a plaintiff) issues a claim form (not a writ) which must be served within four months (or six, if it is being served outside the UK) together with a response pack on the defendant. Either with the claim form or within 14 days of serving it, the claimant...


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