CPR changes: 10 insights from the CPR Committee June 2015 meeting

CPR changes: 10 insights from the CPR Committee June 2015 meeting

rcjThe CPR Committee are responsible for making and amending the civil procedure rules which apply to the Civil Court of Appeal, High Court and County Court.  The Committee meet  on a regular basis to discuss their work and the minutes of the 12 June 2015 meeting are now publically available and provide an insight into  up and coming changes and issues under discussion.  The June minutes cover a wide range of issues:

1. Competition Appeals and changes to PD 30

Amendments are to be added to the next Making document

2. Telecommunications Restriction Order

Update provided with earliest implementation date being mid November

3. Transcription Services

An informal consultation and information paper is underway. Information provided on various aspects.

4. Early Neutral Evaluation

Whether sufficiently referenced in specialist court guides and the CPR

5. Changes to the gateways for service out of the jurisdiction in CPR PD 6B

Amendments agreed. Note: two new gateways 12 and 12A dealing with claims made in respect of trusts came into effect on 6 April 2015. Further changes referred to in these minutes are:

  • A new gateway to be added under the General grounds to enable claims against the same defendant which have a close factual relationship to  tbe tired together in the same jurisdiction (gateway 5)
  • a new gateway dealing with restitution claims (Gateway 17 to replace gateway 16)
  • an extension of the gateway dealing with claims  about property within the jurisdiction (gateway 11),
  • an extension of the gateway dealing with administration of  a person’s estate (gateway 13),
  • an extension to the gateway dealing with constructive trusts (Gateway 15)
  • a new gateway for breach of confidence or misuse of confidential information (Gateway 21)

The new proposed gateways and the rationale for them is set out in a report of the CPR Committee available here.

6. Litigants in person

A new rule 3.1A for case management of cases involving litigants in person. Note: this takes into account the Court of Appeal decision in Re K and H (Children) [2015] EWCA Civ 543 which was recently handed down. It held that the court has no power to order HMCTS to pay for an advocate for the Litigant in Person.

7. Centralisation of Attachment of Earnings and Charging Orders (Part 73)

No further progress.

8. Costs management and costs budgets

Full report of the sub committee chaired by Coulson J due in July. Note: The costs subcommittee has been considering a variety of options and 'in particular the recent Harbour Lecture given by Lord Justice Jackson'. A the April minutes provided that individual members of the sub-committee had raised some concerns and that a wide range of views would need to be considered. It would also need to consider the cost budgeting and costs management points considered by Senior Master Fontaine’s judicial working group on clinical negligence cases which were being forwarded to the subcommittee for their consideration

9. Debt pre-action protocol

First meeting of reformed sub committee to meet in June to discuss this new protocol.

10. Clinical Disputes PAP

Amendment re operation of the protocol in Wales.

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About the author:

Janna is a dispute resolution lawyer. She deals primarily with cross border issues and is active in the work being undertaken in relation to the implications of Brexit for Dispute Resolution lawyers. Janna also heads up a LexisNexis costs team bringing together expertise from across the company to deal with the costs issues facing the profession.