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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).

MoJ Concludes review of Whiplash Injury Regulations 2021

The Ministry of Justice (MoJ) has completed its statutory review of the Whiplash Injury Regulations 2021, SI 2021/642, as mandated by the Civil Liability Act 2018. The Lord Chancellor's report, presented to Parliament on 21 November 2024, recommends maintaining the existing tariff structure while increasing amounts by 14-15% to account for inflation. Key decisions include retaining the current duration bands and split between whiplash and whiplash with minor psychological injury. The Ministry will explore providing further guidance on defining minor psychological injuries. Next steps involve an eight-week consultation with the Lady Chief Justice, followed by the preparation of a revised Statutory Instrument under the affirmative resolution procedure to implement the changes. The updated Regulations will apply to claims arising from accidents occurring on or after the commencement date.

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.

PI & Clinical Negligence weekly highlights—21 November 2024

This week's edition of PI & Clinical Negligence weekly highlights includes a report on the final part of the Civil Justice Council's review of the personal injury and clinical negligence pre-action protocols and includes recommendations for reform such as a separate protocol for child abuse claims. We also include our usual roundup of news, cases and New Law Journal articles of interest.

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