Liddy’s Solicitors Explain Changes to Civil Procedure Rules

Earlier this year the Civil Procedure Rules Committee approved the 60th update to the Civil Procedure Rules. Here Liddy’s Solicitors of Barnsley and Wakefield explain the implications of these changes which are another move forwards in the implementation of Jackson’s package of recommendations.

Liddy’s comment: “There are a raft of technical changes to the way which Personal Injury claims are now to be dealt with. In our view the overall result is that Claimants rights are being eroded not enhanced as a consequence, but we at Liddy’s will still strive to achieve justice on behalf of our clients despite theses measures.”

The key updated areas are:

Case management – discretion on relief from sanction – CPR 3.9

Costs management and costs budgeting rules – CPR 3.12 to CPR 3.21 – In all multi-track claims, a costs management hearing will take place where costs budget in precedent form, which have been filed and served, will be approved or revised.

Increase in small claims track limit to £10,000 – CPR 26.6 – This applies to non-personal injury claims only.

Model directions in multi track claims – CPR 29 – Before the case management hearing the parties will be expected to attempt to agree directions.

Electronic disclosure in non-personal injury claims – CPR 31.5.

Permission to obtain expert reports – CPR 35 – When applying for permission to obtain expert evidence, a schedule of issues and costs are now required.

Claimant’s CPR 36 offer – Where a claimant obtains a judgement that is commensurate with the claimant’s CPR 36 offer capped at £75,000 there will be a 10% uplift in damages.

Change in basis of assessment of costs – CPR 44.3 – The court will only allow costs which are proportionate to the matters in issue. Costs which are disproportionate may be disallowed, or reduced, even if they were reasonably and necessarily incurred.

New test of proportionality – CPR 44.4 – Costs are proportionate if they bear a reasonable resemblance to the value, the complexity and the amount of costs incurred as a result of another’s conduct and any reputational or factor of public importance.

Qualified one way costs shifting – section 2 of CPR 44 at CPR 44.15 to CPR 44.17 – The protection applies to claimants in personal injury cases, subject to a number of exceptions such as claims that have been struck out, subrogated or credit hire claims, damages and interest recovered, and claims that are fundamentally dishonest.

Rules on CPR 36 offers apply in detailed assessment proceedings – CPR 47.20 – In the event that a claimant fails to beat the defendant’s CPR 36 offer on costs QOCS protection will be lost.