Civil litigation involves resolving disputes between individuals, organisations, or entities through the court system. The Civil Procedure Rules (CPR), established by the Civil Procedure Act 1997 and refined by the Civil Procedure Rule Committee, serve as a comprehensive framework to govern civil court proceedings in the UK.
The CPR came into force in 1999 with the aim of simplifying and streamlining civil court procedures. They provide a set of rules and guidelines that regulate the conduct of civil proceedings in the Court of Appeal, High Court and county courts across England and Wales, replacing the Rules of the Supreme Court 1965 and the County Court Rules 1981. The rules emphasize the importance of both parties co-operating to ensure fairness and efficiency within the court system.
Divided into various parts, the CPR addresses specific aspects of the litigation process, such as the commencement of proceedings, the service of documents, and the preparation for trial. Additionally, the CPR outlines the rules for alternative dispute resolution methods, such as mediation and arbitration, encouraging parties to resolve disputes outside of court when possible. The Civil Procedure Rule Committee is responsible for making and amending these rules, ensuring they remain effective and relevant.
Understanding and following these rules is essential for both legal professionals and individuals involved in civil disputes. Failure to adhere to these rules can result in the case not being heard or a reduction in the awarded amount in a successful outcome.
In this blog, we explore how the CPR operate.
Parts of the CPR
Civil Procedure Rules are divided into various parts, with each civil procedure rule addressing specific aspects of civil litigation. Some of the key parts of the CPR include:
- Part 1 – Overriding Objective. This part sets out the fundamental principle that the court must deal with cases justly, ensuring fairness to all parties involved. It emphasises the importance of saving costs, ensuring cases are dealt with expeditiously, and allocating an appropriate share of court resources.
- Part 2 – Application and Interpretation of the Rules. Part 2 provides guidance on the interpretation and application of the CPR, ensuring consistency and clarity in their implementation.
- Part 7 – Procedure for Civil Claims. This part outlines the procedure for commencing a claim in the civil courts. It includes the requirements for initiating proceedings, filing court documents, and serving the claim on the defendant. In this process, the claim form plays a crucial role as a document that formally begins the legal proceedings. It must contain essential information about the parties involved, the nature of the claim, and the remedy sought. The claim form is then served on the defendant, marking the official start of the litigation process.
- Part 26 – Case Management. Part 26 focuses on the court’s case management powers, empowering the court to actively manage cases to ensure they proceed smoothly and efficiently. It includes allocation of claims to the small claims track, fast track, intermediate track or multi-track.
- Part 36 – Offers to Settle. Part 36 governs offers to settle made by parties in civil proceedings. It provides incentives for parties to make reasonable settlement offers and outlines the consequences of accepting or rejecting such offers.
- Part 44 – Costs. This part deals with the issue of costs in civil proceedings. It includes the general rule that the unsuccessful party will be ordered to pay the costs of the successful party.
These are just a few examples of the many parts that make up the Civil Procedure Rules, each playing a crucial role in shaping the conduct and outcome of civil litigation.
Pre-action Protocols
Pre-action protocols are an integral aspect of the CPR. They serve as guidelines for parties involved in civil disputes before formal court proceedings commence.
These protocols outline the steps parties should take to attempt to resolve their disputes outside of court in a constructive and efficient manner.
By encouraging early communication, exchange of information, and exploration of potential settlement options, pre-action protocols aim to streamline the litigation process, minimise costs, and promote the early resolution of disputes. The financial position of both parties is crucial in ensuring fairness during legal proceedings, as it influences how cases are handled and aids in cost-saving measures. Minimising waste of time and money during the pre-action phase is essential, emphasising cooperation between parties to ensure fair handling of cases.
Adherence to pre-action protocols is mandatory in most civil cases, and failure to comply can result in adverse costs consequences.
Overall, pre-action protocols play a crucial role in fostering a cooperative and proactive approach to dispute resolution, ultimately contributing to the overarching objectives of the CPR to ensure that cases are dealt with justly, expeditiously, and proportionately.
Some of the key pre-action protocols include:
- Pre-Action Protocol for Personal Injury Claims. This protocol applies to claims for personal injury arising from road traffic accidents, accidents at work, and other types of personal injury claims. It sets out procedures for early communication between parties, exchange of information. It attempts to reach a settlement without the need for court intervention.
- Pre-Action Protocol for Housing Disrepair Claims. This protocol applies to claims for housing disrepair, where tenants seek to hold landlords accountable for repairs and maintenance issues in rented properties. It outlines procedures for notifying landlords of disrepair, conducting inspections, and attempting to resolve disputes through negotiation or mediation.
- Pre-Action Protocol for Debt Claims. This protocol applies to claims for unpaid debts of individuals, such as loans, credit card debts, or unpaid invoices. It encourages creditors to provide clear and comprehensive information to debtors regarding the debt owed and attempts to resolve disputes through negotiation or alternative dispute resolution methods.
- Pre-Action Protocol for Professional Negligence. This protocol applies to claims alleging professional negligence, such as claims against solicitors, accountants, or other professionals. It sets out procedures for exchanging information, considering the merits of the claim, and attempting to resolve disputes through negotiation or mediation before court proceedings are initiated.
Alternative Dispute Resolution
‘Alternative Dispute Resolution’ (ADR) offers parties flexible and informal ways to resolve their disputes, such as mediation, arbitration, and negotiation. Although it is voluntary, courts generally encourage it and may penalise parties who unreasonably refuse or fail to engage in ADR in good faith. This emphasises the importance of resolving disputes outside of formal court proceedings.
The CPR encourages parties to consider ADR as a means of achieving a quicker and cost-effective resolution to their disputes, while also alleviating the burden on the court system. By offering parties the opportunity to engage in constructive dialogue and explore mutually acceptable solutions, ADR promotes cooperation, preserves relationships, and often leads to more satisfactory outcomes than traditional litigation. Overall, it empowers parties to take control of the dispute resolution process and find resolutions that meet their needs and interests.
Trial Witness Statements
Practice Direction 57AC on trial witness statements in the business and property courts became part of the CPR in April 2021 and introduced major changes. It highlights the purpose of a trial witness statement, which is to articulate in writing the evidence that a factual witness would present orally at trial if given the opportunity without a prior statement. It serves to inform the parties and the court of the evidence intended for reliance during trial proceedings, thereby supporting the overarching objective and fostering equality among parties. Additionally, it facilitates efficient use of trial time by enabling a direct transition into cross-examination and encourages pre-trial settlements. The court will take into account adherence to specific rules when considering trial witness statements, emphasizing the importance of following legal expectations to influence the outcome of the case.
Key requirements include the necessity for witness statements to contain only factual evidence within the witness’s personal knowledge, reference to relevant documents, adherence to best practice guidelines, verification by a statement of truth, confirmation of compliance by the witness, and endorsement with a certificate of compliance by the legal representative.
Role of the Civil Procedure Rule Committee
The Civil Procedure Rule Committee plays a crucial role in the development and implementation of the Civil Procedure Rules. This committee is responsible for making rules of court for the Civil Division of the Court of Appeal, the High Court, and the County Court. The rules created by the committee are designed to promote justice and efficiency within the civil courts. As an advisory non-departmental public body sponsored by the Ministry of Justice, the committee operates under the legislative framework provided by the Civil Procedure Act 1997. Its work ensures that the CPR remains up-to-date and effective in facilitating fair and efficient civil litigation.
Conclusion and Further Resources
In conclusion, the CPR play a crucial role in the conduct of civil litigation in England and Wales.
Understanding the CPR and the role of the Civil Procedure Rule Committee is essential for navigating the litigation process.
The Ministry of Justice provides further resources and guidance on the CPR, including practice directions and policy papers. For more information, visit the Ministry of Justice website or consult the web version of the CPR.
Additionally, the Civil Procedure Rule Committee publishes policy papers and consultations on its website, which provide valuable insights into the development of the CPR.
By following the CPR and seeking guidance from the Ministry of Justice and the Civil Procedure Rule Committee, individuals and organizations can ensure that their cases are dealt with fairly and efficiently.
The CPR form the backbone of civil litigation in the UK, providing a structured framework for resolving disputes through the court system. By promoting fairness, efficiency, and proportionality, the CPR ensure that cases are handled in a manner that serves the interests of the civil justice system and upholds the rule of law. Whether you’re a legal professional or an individual navigating the complexities of civil litigation, understanding and adhering to the CPR is essential for achieving a just and equitable resolution to your case.
At EM Law, we are experts in civil litigation. If you need assistance or would like to speak to us, please reach out to our Sasha Bark Jones directly, or contact us.
