[ Post New Message | Post Reply to this One | Send Private Email to Tony Hayter | Help ]

Litigation - "The Level Playing Field"

from Tony Hayter (Tony@Hayter.com)
This latest snippet of information was received from a "friendly" legal source:

An indication as to how the 'level playing field' requirements are likely to be applied in relation to unequal legal representation in litigation cases is contained within the decision of Mr. Justice Neuberger in Maltez v Lewis The Times, 4th May 1999.

If the claimant can afford to instruct experienced and expensive solicitors with very considerable resources whilst the other defendant can only afford to instruct a smaller and less experienced firm, the court could give effect to the level playing field by instigating certain measures. As a consequence of the Maltez decision solicitors should be keen to ensure that their clients are not in any way disadvantaged by any disparity in resources which may exist by comparison with the solicitors for the party on the other side. Careful thought will therefore need to be given to appropriate case management directions.

Anyone got any thoughts on what the "certain measures" may be?

(posted 8543 days ago)

[ Previous | Next ]