ABSTRACT
In addition, the parties' views as to when they will have the best negotiating position will part. This will often turn on their views as to the evidence to be disclosed during the process (including documents, and witness and expert statements), and this will also dictate the timing of settlements. There is accordingly some real concern that the effect of the new rules has been simply to increase the cost to the parties of reaching a settlement they would have reached anyway under the old rules.
