Overview

Defendants often choose the counter schedule as a key battleground to raise, often at a late stage, new issues (including dishonesty). But can defendants legitimately do that?

It is all the more important in the era of fixed costs to know, at an early stage, what the issues really are so the claim can be properly investigated and dealt with.

This webinar will help claimant practitioners understand relevant aspects of the CPR, in the light of case law, so as to appreciate, and anticipate, practical and tactical issues.

The webinar will also explore the problems which can occur from the tone and style of counter schedules and the extent to which that can cause difficulties with ADR and how problems of this kind might also be headed off.

Content

John will cover:

• Why the need for, and purpose of, schedules and counter schedules
• Timing under the CPR
• Scope and content on the basis of the relevant “parent pleading”
• The terms of Part 16 and the impact of the defence/counter schedule on:
  • Documentary evidence
  •  Factual evidence
  • Expert evidence
• Use of provisional schedules
  • When
  • How
  •  Preparing final schedules
• Anticipating the counter schedule when preparing the (provisional) schedule
  • Narrative
  • Numbers
  • Groundwork for the counter schedule
• The counter schedule
  • Lack of specifics
  • Over-pleading
  • Tone (“glib” comments and the impact on relationships necessary to pursue ADR)
  • Tactics
  • Counter tactics