Eversheds puts together own litigation protocol

Eversheds has claimed a first by compiling its own pre-action protocol for commercial litigation which it encourages opposing lawyers to work with.The protocol is sent to the other party at the outset of any commercial litigation dispute and outlines proposals for the efficient progression of the claim.

While it is non-compulsory, Eversheds has reported that other parties are willing to sign up to the protocol's provisions.The protocol covers the action that both sides will take, including stipulations for the exchange of early and full information, aiming to promote a climate of co-operation.

It also aims to enable parties to avoid litigation if possible by agreeing a settlement, and supports the efficient management of proceedings when litigation cannot be avoided.

The protocol outlines the procedure and contents of the initial letter of claim, its acknowledgement and response.

It also recommends consideration of mediation or other forms of alternative dispute resolution, the involvement of the Centre for Dispute Resolution should both parties agree to mediate, and the procedure of instruction of experts.

The Lord Chancellor, Lord Irvine, has yet to develop an official pre-action protocol for commercial litigation.

At present, there are just two official pre-action protocols for personal injury and clinical negligence in existence and a number of others under development, including professional negligence, defamation and road traffic accidents.Eversheds' head of litigation John Heaps said: 'Due to the wide range of actions encompassed under commercial litigation, this is a complex area in which to develop a pre-action protocol.

However, we felt we needed to start with a protocol that would develop over time.'