Court specific case management

Depending on the court in which a claim is proceeding, the proceedings may be subject to specific Civil Procedure Rules (CPR) and also to provisions which are additional to those set out in the CPR. These additional provisions are generally set out in the relevant court's guide, though certain courts also set out additional guidance in Practice Notes which are issued on an ad hoc basis by the judiciary. For information and links through to the specialist court guides, see Practice Note: Court guides and other guidance. For information on other guidance issued by the judiciary, see Practice Note: Dispute Resolution—judicial practice notes and guidance.

Civil claims are also allocated to a case management ‘track’ and this will impact how the claim is managed by the court. In some courts, all claims are automatically allocated to one of the case management tracks. For guidance on the different case management tracks and how claims are managed within these tracks, see: Track specific case management—overview.

Given the courts' proactive and robust case management of claims before them, it is important that practitioners are aware of and

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Actions for unlawful police detention and QOCS protection in mixed claims (ALK and another v The Chief Constable of Surrey Police)

PI & Clinical Negligence analysis: In an appeal heard by Mr Justice Bourne, the High Court held that the arrests of a married couple, both of whom were serving Metropolitan Police officers, by Surrey Police were unlawful. The court found that the arresting officers had not given appropriate consideration to voluntary attendance for interview as a less intrusive alternative under section 24 of the Police and Criminal Evidence Act 1984 (PACE 1984) and Code G. The court stressed that the ‘necessity’ limb in PACE 1984, s 24 is an important constitutional safeguard, following a line of authority that stresses strict adherence to PACE 1984—an officer who gives no real consideration to alternatives runs the ‘plain risk’ of being found to have had no reasonable grounds to believe arrest was necessary. The court therefore allowed the liability appeal. This decision is an important reaffirmation of the strict operational limits on arrest powers. On costs, the court provided useful guidance as to the starting point in mixed personal injury claims, confirming that properly supported PI claims should attract QOCS protection. Bourne J concluded that the claimants’ pleaded and evidenced psychiatric injury claims meant the proceedings could properly be regarded as a personal injury action ‘in the round’ for QOCS purposes, and that the trial judge’s enforcement order permitting 70% of the defendant’s costs should not have been made, under the mixed-claim discretion in CPR 44.16. Written by Connor Wright, barrister, St Philips Chambers.

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