Blog - Monday 12 August 2013

Proportionality

Proportionality used to be a misunderstood, lame duck.  It had no teeth.  It does now.

Although the issue is as clear as a pint of Guinness. 


 

 

A Handy Guide

  • All work done pre = 01.04.13 – Old proportionality test applied to all work. 

  • All work done post = 01.04.13 – New proportionality test applied to all work.

  • Work done pre and post 01.04.13. Proceedings not issued – Old proportionality test applied to work done pre 01.04.13. New proportionality test applied to work done post 01.04.13.

  • Work done pre and post 01.04.13. Proceedings issued pre-AFD – Old proportionality test applied to all work.

  • Work done pre and post 01.04.13. Proceedings issued post 01.04.13 = Old proportionality test applied to work done pre 01.04.13. New proportionality test applied to work done post 01.04.13. 


Unhelpfully, there is no Practice Direction or Judicial Note on CPR44.4(5).  I believe it is one of the most dangerous (as it is open to judicial discretion and therefore very difficult to appeal) amendments to the CPR (along with new CPR3.9) in recent years.  And yet very few people know about it.

They will know about it within the next 24 months, once a Bill is halved even after the Judge has conducted a Detailed Assessment Hearing, because it “still appeared disproportionate”*

* translated as = someone jumped in front of me in the queue in Costa this morning, Chelsea lost last night and all in all I’m in a bad mood, so someone has to pay.