
Huw Jenkin assesses the options for curbing excessive or aggressive litigation
In the Solicitors Regulation Authority (SRA)’s November 2018 report ‘Balancing duties in litigation’, the SRA criticises ‘excessive or aggressive litigation’ involving ‘disproportionate valuations of the claim, wide-ranging allegations of impropriety and inappropriate volumes and tone of correspondence’. The SRA indicates that these cases ‘create disproportionate costs’ and ‘occupy court time to the detriment of other cases’, and that the courts have made clear their disapproval of such cases (citing, by way of example, Excalibur Ventures v Texas Keystone & ors [2013] EWHC 4278 (Comm)).