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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.
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.
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