2. Civil Procedure Rules

Question 1

When was the important revisions to the rules established?

Answer 1

1. 60th update - 1st April 2013
2. 65th update - 31st July 2013

Question 1

What are the Civil Procedure Rules relevant to CH’s?

Answer 1

1. Letter of Claim
2. Admissions of Liability
3. Document Disclosure
4. Experts & Witness Evidence
5. Part 36 Offer
6. Case Management & Application
7. Costs

Question 2

Are the rules enforceable in Scotland (or other systems within the offshore islands of Britain)?

Answer 2

No, they are generally followed by principle here.

Question 3

When were the Civil Procedure Rules/Woolf Reforms enforced into the civil justice system & why?

Answer 3

April 1999.
They were introduced to replace the previous, more complex rules governing the courts & to transfer control to judges, not solicitors.

Question 4

Letter of Claim

Answer 4

• Claimant must send letter to defendant
• To include clear summary of facts & info on any injury suffered by Claimant to allow Defendant to assess value of case

Question 5

What should be done if Letter of Claim is not sufficient enough?

Answer 5

• LA to inform Claimant’s solicitor that letter is not sufficient regarding claimants injury/loss.
• Timescales not valid until sufficient letter has been received

Question 6

If Letter of Claim is sufficient what does the defendant have to do?

Answer 6

• Respond within 21 days of receiving letter stating receipt of letter
• Has maximum of 3 months from date of letter acknowledgment to review and make a decision on legal liability.

Question 7

Admissions of Liability

Answer 7

• If liability accepted, to be communicated to Claimant ASAP
• Claimant’s solicitor not to occur costs between letter - end of investigation.

Question 8

When can admissions of liability be drawn?

Answer 8

1. Before commencement of court proceedings (if person who done the admission agrees).
2. After commencement - a pre-action
   admission can only be withdrawn if all of the parties give consent or otherwise with the permission of the court.

Question 9

If legal liability is denied in a personal injury claim or if contributory negligence is pleaded, what must be provided?

Answer 9

Documentary evidence

Question 10

In many cases, all of the documents to be disclosed to the Claimant’s solicitor in support of the denial are listed where?

Answer 10

Pre-action Personal Injury Protocol - Standard disclosure lists.
- However, depends on facts of particular case.

Question 11

What if documents aren’t available to the Defendant or don’t exist when they are pleading not legally liable?

Answer 11

• A disclosure statement to this effect should be signed by a representative of the Defendant and submitted in place of the documents.

Question 12

What happens if the Defendant doesn’t provide a response to Letter of Claim or fails to support a denial of liability or contributory negligence pleading
with the appropriate documentation?

Answer 12

• Claimant’s solicitor can commence a pre-action disclosure application.
• To be avoided for LA as these will be payable by defendant.

Question 13

Experts & Witnesses in Court?

Answer 13

• Court only usually allows one expert each for Claimant & Defendant - chosen by Claimant solicitor
• Defendant has 14 days to submit objection from expert
• Rules do not require the disclosure of witness evidence - keep in mind.

Question 14

Part 36 Offers?

Answer 14

Open to both the Claimant & defendant to settle claim at a particular monetary sum

Question 15

What are the requirements under Part 36 Offers?

Answer 15

1. Made in writing
2. State it is a part 36 offer
3. Must be clear
4. State that it will be open for 21 days from date of communication
5. Must state that after 21 days it will only be accepted if both parties agree or if court gives permission

Question 16

Who actively manages the case when it is subject to legal proceedings?

Answer 16

• The court
• Courts encourage parties to use alternative dispute resolution such as mediation

Question 17

What happens when a case is litigated and it becomes clear it is to be defended?

Answer 17

Case management process will allocate to one of the three case management tracks:
1. Small claims track
2. Fast claims track
3. Multi claims track

Question 18

Small claims track?

Answer 18

• Less than 5k
• Personal injury claims less than 1k
• Each party responsible for own legal costs, except fixed cost or issuing a claim form & any reasonable disbursements incurred

Question 19

Costs?

Answer 19

• Dealt w by specialist parties or consultants due to complexity of rules

Question 20

Costs - what awareness of costs is essential?

Answer 20

1. The non-recoverability of costs under the small claims track
2. An understanding of conditional fee agreements and in particular the rules and practices governing success fees and after the event of insurance premiums
3. That success fees on employers’ liability cases are fixed at 25% or 27.5% (if case is funded by a union).