Pre-action: general

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Reform proposals

The Civil Justice Council (CJC) published an interim report on the subject of the pre-action protocols (PAPs) on 15 November 2021. The interim report was stated to address the role PAPs should play in the civil justice system in the 2020s, including in an increasingly digitalised justice system. In particular, it canvassed a number of reform options to the Practice Direction Pre-Action Conduct and Protocols (setting out 'revised draft text and a proposed joint stocktake template' at Appendix 4) and the existing PAPs, plus the creation of new PAPs in certain areas. However, no recommendations had been made. The report was published for the purposes of allowing the CJC to consult as widely as possible, and to allow for the submission of views about the future direction of PAPs. The consultation period closed on 21 January 2022.

Having provoked considerable discussion among the legal profession and other interested parties, the CJC published ‘Part 1’ of its final report concerning the PAPs on 21 August 2023. The key recommendations were summarised at para 1.7, and include:

  1. •

    the overriding objective being amended to include express reference to the need to

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Latest Dispute Resolution News

CJC concludes comprehensive review of pre-action protocols with publication of final report (phase two)

The Civil Justice Council (CJC) has concluded its extensive review of pre-action protocols (PAPs) with the publication of its phase two report. The first phase of the final report, published in August 2023, examined the role of PAPs in the civil justice system and explored the potential for digitalising pre-action processes. The second phase was published in November 2024. In the second (and final) phase report the CJC has set out its recommendations for the reform of various existing PAPs, including those for Personal Injury, Housing, Judicial Review, Debt, Construction and Engineering, Professional Negligence and Media and Communications. The report also recommends the creation of two new PAPs, one for dealing with child abuse and one for Multi-Track Claims in the Business and Property Courts of England and Wales (with a draft included at Appendix 1).

175th Practice Direction update—in force 20 November 2024

The Master of the Rolls and the Parliamentary Under-Secretary of State for Justice have approved the 175th Practice Direction (PD) update to the Civil Procedure Rules (CPR). The amendments come into force on 20 November 2024.  The 175th PD update contains amendments to the online Damages Claims Pilot under CPR PD 51ZB (the DCP), in order to correct a misalignment between the rules in CPR PD 51ZB and the operation of the DCP digital service, concerning the automatic dismissal of claims. CPR PD 51ZB is updated to state so that within four months of the date of issue of the claim, the claimant must not only notify the defendant of the claim and the claim details, but also notify the DCP that they have taken these steps to avoid automatic dismissal of the claim.

Dispute Resolution weekly highlights—21 November 2024

This week's edition of Dispute Resolution weekly highlights includes: the Ministry of Justice’s annual report and accounts for the financial year 2023–2024 and the Supreme Court decision in Secretary of State for the Department for Environment, Food and Rural Affairs and others v Public and Commercial Services Union (Contracts (Rights of Third Parties) Act 1999); dates for your diary; details of our most recently published content; and other information of general interest to dispute resolution practitioners.

176th Practice Direction update—in force 19 November 2024

The Master of the Rolls and the Parliamentary Under-Secretary of State for Justice have approved the 176th Practice Direction (PD) Update to the Civil Procedure Rules (CPR). The amendments come into force on 19 November 2024. The 176th PD update provides an extension of the operative period of CPR PD 51ZC (Small Claims Paper Determination Pilot) until 31 October 2025 for the purposes of completing the evaluation exercise of the pilot.

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