Civil Justice Council proposes recommendations to assist vulnerable claimants and defendants in civil courts

The Civil Justice Council has compiled a consultation report with recommendations on how to support all vulnerable claimants and defendants. The report was put together by looking at the support already available in the family and criminal courts and how that can be more effectively applied in the civil courts.  The paper considers issues arising from the vulnerability of parties and witnesses in all types of litigation but has arisen as a result of a specific recommendation of the Independent Inquiry into Child Sexual Abuse.

The Civil Procedure Rules (CPR) do not currently have specific rules in relation to vulnerable witnesses/parties although the CPR allow the use of many of the methods/forms of assistance and protection for vulnerable parties and witnesses used in the criminal and family courts.  The CPR have previously been criticised as being ‘passive’ and inadequate for ensuring a proactive and consistent approach to the participation in civil litigation proceedings by vulnerable witnesses or parties.

The Civil Justice Council invites responses in relation to the specific questions raised within the consultation report by 11 October 2019. All responses will be considered before the production of a final report.

Source: Vulnerable witnesses and parties within civil proceedings – consultation

This news was first published as a LNB News report on Lexis®PSL Dispute Resolution on 4 September 2019.  For a free trial, click here.

Relevant Articles
Area of Interest