NEW RULES COMING INTO FORCE ON THE 1st OCTOBER 2015: MEET PRECEDENT Q
A reminder that there are new rules coming into force today, together with some changes to the Practice Directions.
WHERE TO FIND THEM
- The civil procedure rules are here
- The amendments to the Practice Directions are here 81st Update PD Making Document
KEY CHANGES
- An addition to rule 3.1 “including hearing an Early Neutral Evaluation with the aim of helping the parties settle the case”.
-
“Case management – unrepresented parties
3.1A.—(1) This rule applies in any proceedings where at least one party is unrepresented.
(2) When the court is exercising any powers of case management, it must have regard to the fact that at least one party is unrepresented.
(3) Both the parties and the court must, when drafting case management directions in the multi-track and fast track, take as their starting point any relevant standard directions which can be found online at www.justice.gov.uk/courts/procedure-rules/civil and adapt them as appropriate to the circumstances of the case.
(4) The court must adopt such procedure at any hearing as it considers appropriate to further the overriding objective.
(5) At any hearing where the court is taking evidence this may include—
(a)ascertaining from an unrepresented party the matters about which the witness may be able to give evidence or on which the witness ought to be cross-examined; and
(b)putting, or causing to be put, to the witness such questions as may appear to the court to be proper.”.
- An amendment to 7.4 to ensure that the claimant files a copy of the particulars of claim at court.
- An amendment to CPR 47.6 to ensure that a breakdown is given of the costs claimed for each phase of the proceedings.
CHANGES TO THE PRACTICE DIRECTIONS
- There is a major addition to Practice Direction 6B which deals with Service out of the Jurisdiction.
- There are changes to PD 30 in relation to the transfer of proceedings between courts.
MEET PRECEDENT Q
There is a new “Precedent Q”
Precedent Q – Model form of breakdown of the costs claimed for each phase of the proceedings
|
SUMMARY OF COSTS AS CLAIMED VS AMOUNTS IN LAST APPROVED / AGREED BUDGET |
|||||||
| Precedent H
Budget Phase |
Phase Name | Pre Budget
£ |
Budgeted
£ |
Last
Approved/ Agreed Budget
£ |
Departure
from Last Approved/ Agreed Budget
£ |
||
| Pre-action | Initial and Pre-Action Protocol Work | 3,440.23 | 0.00 | 0.00 | 0.00 | ||
| ADR/
Settlement |
ADR / Settlement | 0.00 | 4,972.50 | 500.00 | 4,472.50 | ||
| Issue/
Pleadings |
Issue / Statements of Case | 2,208.50 | 0.00 | 2,750.00 | -2,750.00 | ||
| Disclosure | Disclosure | 0.00 | 3,738.46 | 5,000.00 | -1,261.54 | ||
| Witness Statements | Witness statements | 0.00 | 3,646.50 | 6,000.00 | -2,353.50 | ||
| Expert
Reports |
Expert reports | 0.00 | 4,835.00 | 1,500.00 | 3,335.00 | ||
| PTR | Case and Costs Management Hearings | 0.00 | 2,159.00 | 4,500.00 | -2,341.00 | ||
| CMC | Interim Applications and Hearings (Interlocutory Applications) | 960.54 | 0.00 | 2,500.00 | -2,500.00 | ||
| Trial Preparation | Trial preparation | 0.00 | 17,635.00 | 15,000.00 | 2,635.00 | ||
| Trial | Trial | 0.00 | 23,187.50 | 35,000.00 | -11,812.50 | ||