Court and the legal profession

This topic contains information that applies to the civil courts generally, such as links to court guides published by the individual courts and details of fees charged in the civil courts.

For detail of the structure and hierarchy of civil courts in England and Wales, see: Courts and Tribunals Judiciary—Structure of Courts and Tribunals System.

Online dispute resolution and the online court

Lord Justice Briggs, in his Final Report on the Civil Courts Structure Review, which was published on 27 July 2016, recommended the creation of an online court for the resolution of certain disputes. Since that report, there has been much discussion among the judiciary and elsewhere of the concept of online dispute resolution (ODR) and the need for digitisation of the dispute resolution process for civil proceedings in England and Wales.

HM Courts and Tribunals Service embarked on a significant reform programme for the justice system, which included the introduction of schemes to test online court environments.

The Judicial Review and Courts Act 2022 also provided for Online Procedure Rules (OPR) to govern practice and procedure of online civil proceedings, and for the introduction

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Latest Dispute Resolution News

Court of Appeal confirms narrow scope for post-limitation substitution in wrong defendant cases (Adcamp LLP v Office Properties)

Dispute Resolution analysis: The Court of Appeal has ruled that CPR 19.6(3)(b) does not permit substitution of defendants after expiry of the relevant limitation period where such substitution would change the essential facts necessary to establish liability against the substituted defendant. The claimants (respondents in the appeal) had issued proceedings against firms which had acquired the alleged wrongdoers, believing that any liabilities had been transferred. When it emerged (or was at least disputed) that liabilities had not been transferred, they sought to add or substitute the predecessor firm after limitation had expired. The Court of Appeal concluded that CPR 19.6(3)(b) was not engaged since the substitution would change the claim in substance, as an essential element of the case against the original defendant (the pleaded basis for the acquiring firm’s liability) would be replaced by the primary liability claim against the substituted defendant. It was, in effect, a different claim against a different party. The Court of Appeal was clear that any perceived harshness this might cause to claimants could not be mitigated by adopting a broad reading of CPR 19.6(3)(b). Rather, it considered the problem (if any) was caused by earlier binding Court of Appeal authority which had confined the ‘mistake’ gateway in CPR 19.6(3)(a) to errors of name (misnomer) and excluded cases of mistaken legal responsibility/liability (identity). Any solution, if required, would therefore be a matter for the Supreme Court.

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