RULE CHANGES COMING INTO FORCE IN APRIL 2021 (3): VULNERABLE PARTIES AND WITNESSES (AGAIN)
I am returning to the changes being introduced in relation to vulnerable parties and witnesses because the new rules are now available here .
The new Practice Direction was looked at in detail in an earlier post.
CHANGES TO CPR PART 1
The specific rule changes are now available.
“(2) In rule 1.1(2)(a), after “footing” insert “and can participate fully in proceedings, and that parties and witnesses can give their best evidence”.
(3) After rule 1.5 insert—
“Participation of vulnerable parties or witnesses
1.6. Practice Direction 1A makes provision for how the court is to give effect to the overriding objective in relation to vulnerable parties or witnesses.”.
CHANGES TO CPR PART 44
There is a new 44.3(5)(f). This states that “Costs incurred are proportionate if they bear a reasonable relationship to”
“(f)any additional work undertaken or expense incurred due to the vulnerability of a party or any witness.”.
Recognising, explicitly, that additional work and expenses can be incurred if there is a vulnerable part or witness.
WEBINAR ON VULNERABLE PARTIES AND WITNESSES
I am presenting a webinar on the 22nd March 2021 dealing with the new rules relating to vulnerable witnesses in civil proceedings.
- Looks at the new rules and practice direction in detail
- Examines the reports that led to the new rules
- Considers how the new rules are likely to be implemented in practice
- Looks how these issues are dealt with in the family and other jurisdictions and what lessons can be learnt by the civil courts
Are available here.