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NEWS
The Civil Justice Council’s final report on the procedure for determining mental capacity in civil proceedings addresses how mental capacity is assessed and managed in civil proceedings. It provides detailed guidelines and recommendations on evaluating mental capacity with the aim of ensuring that individuals' rights and interests are protected while maintaining legal clarity and fairness.
NEWS
Dispute Resolution analysis: The Civil Justice Council (CJC) has published its final report on the review of litigation funding on 2 June 2025. This report makes a number of key recommendations including the revocation of the PACCAR ruling, revisions to court rules and the creation of the Litigation Funding, Courts and Redress Act.
PRECEDENTS
1 In the event of any breach of any of the terms of this Deed where the Beneficiary has
NEWS
Corporate Crime analysis: On 29 November 2023, the Divisional Court comprised of Singh LJ and Garnham J handed down judgment in the matter of Newcastle United Football Company Ltd v Commissioners for His Majesty’s Revenue and Customs. The Case Stated questioned under what conditions, if any, is it lawful for HMRC to retain and share internally copies of documents seized as part of a criminal investigation when that investigation has closed? The Court ruled that HMRC was entitled to share copies of relevant documents seized as part of a criminal investigation to its civil investigation team, and that the Crown Court Judge was wrong to impose conditions on such sharing. Written by Laurence Harris, barrister at Mountford Chambers.
NEWS
The Civil Mediation Council (CMC) has published guidance relating to online and remote mediation in response to the coronavirus (COVID-19) pandemic. The guidance is to be used by mediators carrying out mediation remotely, by video or voice-only connections. The CMC confirms that the guidance is not intended to supersede information contained within a mediator’s Code of Practice, and states that mediators must continue to abide by such codes while carrying out remote mediation. The guidance provides information regarding measures prior to the mediation process, during mediation, and after mediation is complete.
NEWS
Following the merger of the two national business centres into the CNBC, the CNBC has conducted a review of the mailboxes used to contact the CNBC. To reduce the duplication of email traffic into the CNBC, it has reduced the number of available mailboxes and clarified what needs to be filed in which location. Users are to only use the updated list of contacts and to use only one mailbox per query. The change will take effect from 28 February 2024.
NEWS
The Civil Procedure (Amendment No 3) Rules 2024 SI 2024/839, which were laid before Parliament on 30 July 2024, are in force as of 1 October 2024. The rules amend the Civil Procedure Rules 1998, SI 1998/3132 and cover Alternative Dispute Resolution (ADR), references to judges in the rules, the extension of fixed recoverable costs, the time limit to seek permission to appeal from the Court of Appeal to the UK Supreme Court, the procedure for references relating to assimilated law (formerly retained EU law), delegation of functions to legal advisers, serious crime prevention orders, contempt warnings, writs and warrants of possession.
NEWS
The Civil Procedure (Amendment) Rules 2026, SI 2026/97 amend the Civil Procedure Rules 1998. Most provisions commence on 6 April 2026, with two amendments commencing at a date to be determined by other legislation.
GLOSSARY
The Civil Procedure Rules which, supplemented by the Costs Practice Direction (CPD) govern the procedure to be followed in most civil cases brought in the SCCO.
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. The nature of reform and recurrent trends Reform is only a means to an end—changes to the structures and process of the Civil Service in order to get it to run better. The rationale for reform is as consistent as the reform initiatives are frequent. All major reforms over the last 40 years address one or more of six themes: • efficiency and performance • size, structures, functions • delivery and customers • markets and new business models • policy-making • staffing, skills and capability There are some clear trends over the 40 years: • less faith in big structural reforms such as expanding departments, adding or taking away functions • much greater focus on customers and citizens • increased use of markets and privatisation. The UK is an international outlier in its use of the private sector and alternative business models • new thinking about whole systems and business models The patterns of action within these reform themes
NEWS
The Civil Service has enhanced its Contract Management Capability Programme with the addition of a new Continuing Professional Development (CPD) guide. This latest update to the programme, which aims to professionalise public sector contract management, provides guidance on ongoing skill development for practitioners. The CPD Guide complements existing resources, including foundation, practitioner and expert-level accreditation programmes, as well as executive-level development for Senior Responsible Owners. This addition underscores the Civil Service's commitment to maintaining high standards in contract and supplier management across central government, wider public sector organisations, and local authorities.
NEWS
The Civil Service has updated the guidance on its Contract Management Capability Programme. The latest updates to the programme, which aims to professionalise public sector contract management, includes updated information on practitioner and expert-level accreditation programmes, plus new and updated guidance for contract managers and senior responsible owners.