Litigation case drags on for 17 years as two sides refuse to cooperate

High Court judge Mr Justice Fraser has warned of ‘draconian’ costs penalties should two parties in litigation continue to refuse to cooperate.

He said both sides in Bates & Ors v Post Office Ltd had rebuffed efforts to manage the case in a cost-effective and efficient way.

The case involves sub-post masters pursuing action against the Post Office. The claimant group is seeking damages related to the introduction of an electronic system around 17 years ago, which allegedly caused financial distress and in some cases bankruptcy.

Some of the issues reported during the litigation included:

Failing to respond to directions for two months
Failing to even consider e-disclosure questionnaires
Failing to lodge required documents with the court
Refusing to disclose obviously relevant documents
Threatening ‘pointless’ interlocutory skirmishes.

At the case management conference, the claimants sought a substantive hearing for October 2018, while the defendants argued the case could be managed for another entire year without any substantive hearing being fixed. Under this proposal, the hearing would not happen until at least 2019.

The day after trial was ordered for November 2018, leading counsel for the defendant wrote to ask that it be moved as he already had a hearing at the Companies Court. The judge suggested it was a ‘clear case of the tail wagging the dog’ if barristers’ clerks were allowed to dictate hearing dates, and he said there was reasonable notice to arrange for a replacement counsel.

Business litigation solicitors

Suffering a financial or contractual dispute can have serious implications on your business. Our business solicitors will quickly and efficiently put your case together and act on your behalf. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

Call Shalish Mehta in our civil and commercial litigation department on 0161 624 6811 or email sm@wrigleyclaydon.com.

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Shalish Mehta

Shalish is an experienced dispute resolution solicitor who joined the firm in 2002 ago upon qualifying as a solicitor and provides a proactive approach whilst retaining the personal touch to help you achieve the best possible outcome for your case. He acts on behalf of both private individuals and commercial clients. He can assist and advise at any stage of a dispute including mediation through to court action and injunctions. Shalish is a keen sportsman, regularly playing cricket and five-a-side football and also watching live sport. He enjoys city breaks and takes great pleasure in sampling different cuisines from around the world. Shalish is fluent in Gujarati and will happily represent those for whom Guajarati is the first language, in English. He is also happy to offer his services as a translator to our clients as necessary. What clients say about Shalish: “We feel the service was perfect and found our solicitor, Shalish Mehta, very professional and helpful in all aspects”