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Out of ‘Control’? Credit Hire and CPR Part 31 - Gary Herring, Horwich Farrelly Solicitors

10/04/14. Disputes relating to disclosure remain an enduring feature of credit hire litigation and, largely to the understandable annoyance of the judiciary, are the source of much satellite litigation. It is perhaps not difficult to understand why this is so, given that a claimant and a defendant’s interests will generally be diametrically opposed. A defendant’s key objective will always be to obtain as much information and documentation as possible as early as possible in proceedings; the most obvious (but by no means only) example being in relation to a claimant’s finances for the purposes of assessing impecuniosity. This allows a proper assessment of a claimant’s case and realistic part 36 offers to be made before the bulk of the litigation costs are incurred, and also helps ensure that the validity of a claim can be...

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