7 points to take away from the recent CPR Committee meeting

7 points to take away from the recent CPR Committee meeting

The minutes of the CPR Committee meeting held on 11 October 2013 raise a number of issues of interest to dispute resolution lawyers, including work on pre-action protocols, consumer credit cases and QOCS, certification in costs precedents, service of trust claims outside of the jurisdiction, the costs budgeting consultation, transcripts at public expense and the issues arising from the implementation of the single County Court.

Amongst the issues raised at the meeting were:

Pre-action protocols

The work on the Pre-Action Protocols continues. It was noted that there is the potential for overlap with the work that Mr Justice Ramsey is doing on the outstanding Jackson recommendations. Mr Justice Ramsey's review is due in April 2014. The revised Guidance for Experts is near to completion and it is intended that this Guidance will no longer be annexed to CPR PD 35

QOCS and consumer credit cases

It was agreed that the issue of whether QOCS should be extended to consumer credit cases is a matter of policy for the Ministry of Justice.

Precedent H

This precedent contains a certification in the form of a statement of truth. This has caused some issues for in house lawyers and there has been consideration as to whether there should be an amendment to CPR PD 22, para 2.2A. It has been raised that the certification required on bills of costs and summary assessment may also need to be reconsidered in light of the issues raised by the in house lawyers. This matter is to return to the Committee in November.

Service of trust claims outside of the jurisdiction

The Trust Law Committee has produced a paper, which proposes changes to the provisions in CPR 6 (Service of Documents) and CPR PD 6 dealing with Trust cases. The rationale for the changes is to widen the ambit of the provisions so as to include more cases; the expertise in the area of trusts being a potentially valuable source of foreign revenue for the UK economy. The paper and the issues raised are to be considered by obtaining the views of a wider audience through the use of a short formal consultation.

Costs budgeting consultation

The results of the consultation, which took place in July will be considered by the Committee in November.

Transcripts at public expense

It was noted that the authority for ordering transcripts at public expense is difficult to identify and it was suggested that it may be appropriate to include a broader power to do so in the CPR. It was agreed that further consideration of this issue was necessary and that it would be brought back before the Committee at a later date

Single county court

There is a lot of ongoing work surrounding the change to a single county court rather than the current individual county courts. This includes changes to terminology within the CPR and harmonising the procedures between business centres, as well as the impact of changes to the County Court Act 1984.

The CPR Committee minutes are accompanied by supporting documents which provide an insight into the issues being considered by the Committee.  Subscribers to LexisPSL can find these documents, and full details of the issues discussed, in our Practice Note Minutes of the CPR Committee meeting of 11 October 2013.

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