Litigation Tactics
Once a claim is issued, each phase of litigation presents strategic opportunities. These include formal applications / requests that can be made to the court, all serving as key litigation tactics to gain an advantage, ‘pressure’ the opposing party, or manage the procedural aspects effectively.
These potential tactics should be carefully considered by parties involved in court proceedings, as, where deployed in specific circumstances, they can be very useful (or detrimental) to a party’s case.
These litigation tactics include:
In relation to documents
- CPR part 18 – requests for further information relating to pleadings. This is a formal request made to clarify or obtain additional details about an opponent’s case.
- CPR part 31 – applications for specific disclosure and inspection of documents. This is usually used when a party believes that the other party has failed to comply with their disclosure obligations, ensuring the transparency and fairness of litigation.
- CPR part 32 – notices to admit facts relating to evidence and notices to admit or produce documents. This governs the use of evidence, which include, challenging the admissibility of a witness statement / to compel a witness to attend trial.
In relation to costs
- CPR part 25 applications for security for costs. This is where the Defendant request the Claimant to pay money into court as a form of security, ensuring costs are recoverable if the Claimant loses the case.
- CPR part 36 offers – a tactical tool used in litigation, often carrying significant costs consequences if rejected.
The information obtained via the above applications/requests can be used to potentially expose the weakness of the other side’s case, which may lead to applications such as a summary judgment (CPR 24) or strike-out (CPR 3.4), or prompting the settlement of a dispute. The risks caused by potential costs pressure/consequences may also prompt parties to engage in settlement discussions.
We shall explore further details of the above tactics in future articles.
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