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The Civil Procedure Rules 1998 (CPR) are the rules of civil procedure used by the Court of Appeal, High Court of Justice, and County Courts in civil cases in England and Wales. Civil procedure is the body of law that sets out the process that Courts will follow when hearing cases of a civil nature (a " Civil action " as opposed to Court of Appeal, Court of Appeals, and Appellate Division redirect here for a list of specific courts using those titles see Court of Appeal For the Cameroonian court by this name see High Court of Justice (Cameroon, for the Israeli court of this name see Supreme Court of Israel. England and Wales The County Court is the Workhorse of the civil justice system in England and Wales. Civil law, as opposed to Criminal law, refers to that branch of Law dealing with disputes between Individuals and/or Organizations, in which History The Roman occupation of Britain was the first period in which the area of present-day England and Wales was administered as a single unit (with the exception They apply to all cases commenced after April 26, 1999, and largely replace the Rules of the Supreme Court and the County Court Rules.

The CPR were designed to improve access to justice by making legal proceedings cheaper, quicker, and easier to understand for non-lawyers. Unlike the previous rules of Civil procedure, the CPR commence with a statement of their Overriding Objective, both to aid in the application of specific provisions and to guide behaviour where no specific rule applies. Civil procedure is the body of law that sets out the process that Courts will follow when hearing cases of a civil nature (a " Civil action " as opposed to

Contents

History

In 1994, the Lord Chancellor instructed the Master of the Rolls, Lord Woolf, to report on options to consolidate the existing rules of civil procedure. The Lord High Chancellor of Great Britain, or Lord Chancellor is a senior and important functionary in the Government of the United Kingdom. The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the third most senior judge of England and Harry Kenneth Woolf Baron Woolf of Barnes, PC, FBA (born 2 May 1933) was Master of the Rolls from 1996 until 2000 and Lord

In June 1996 Lord Woolf presented his Access to Justice Report 1996[1] in which he ". . . identified a number of principles which the civil justice system should meet in order to ensure access to justice. The system should:

(a) be just in the results it delivers;

(b) be fair in the way it treats litigants;

(c) offer appropriate procedures at a reasonable cost;

(d) deal with cases with reasonable speed;

(e) be understandable to those who use it;

(f) be responsive to the needs of those who use it;

(g) provide as much certainty as the nature of particular cases allows; and

(h) be effective: adequately resourced and organised. "[2]. (Italics in the original. )

Lord Woolf listed two of the requirements of case management as: ". . . fixing timetables for the parties to take particular steps in the case; and limiting disclosure and expert evidence". [3]

The second thread of the report was to control the cost of litigation, both in time and money, by focussing on key issues rather than every possible issue[4] and limiting the amount of work that has to be done on the case. [5]

The report was accompanied by draft rules of practice designed to implement Lord Woolf's proposals. These rules: granted wide management powers to the court[6] proposed that cases be allocated to one of three tracks depending on their nature, limiting or requiring specific actions; and introduced the concept of proportionality to the costs regime.

The draft rules form the core of the Civil Procedure Rules created by Civil Procedure Act 1997, an Act of Parliament citation 1997 c. An Act of Parliament is a Law enacted as Primary legislation by a national or sub-national Parliament. 12. The Civil Procedure Act also established a body called the Civil Justice Council composed of members of the judiciary, members of the legal professions and civil servants with the responsibility reviewing the civil justice system. The Civil Justice Council is a UK Non-Departmental Public Body that advises the Lord Chancellor on civil justice and Civil procedure

The Overriding Objective

Implemented as a result of reforms suggested by Lord Woolf and his committee, one of the revelations of the rules is the Overriding Objective embodied in Part 1 of the Rules, which states:

1. Harry Kenneth Woolf Baron Woolf of Barnes, PC, FBA (born 2 May 1933) was Master of the Rolls from 1996 until 2000 and Lord 1
(1) These Rules are a new procedural code with the overriding objective of enabling the court to deal with cases justly.
(2) Dealing with a case justly includes, so far as is practicable –
(a) ensuring that the parties are on an equal footing;
(b) saving expense;
(c) dealing with the case in ways which are proportionate –
(i) to the amount of money involved;
(ii) to the importance of the case;
(iii) to the complexity of the issues; and
(iv) to the financial position of each party;
(d) ensuring that it is dealt with expeditiously and fairly; and
(e) allotting to it an appropriate share of the court’s resources, while taking into account the need to allot resources to other cases.
1. 2
The court must seek to give effect to the overriding objective when it –
(a) exercises any power given to it by the Rules; or
(b) interprets any rule.

The rules are written not just for lawyers but are intended to be intelligible for a litigant in person. A litigant in person ( in propria persona or in pro per) is someone who is engaged in litigation without legal representation

Tracks

Small Claims Track

Claims with a value of not more than £5,000[7] are usually allocated to the Small Claims Track unless: the amount claimed for pain, suffering, and loss of amenity[8] is more than £1,000. 00. [9]; or the cost of the repairs or other work to residential premises claimed against the landlord by a tenant is estimated to be more than £1,000 - whether or not they are also seeking another remedy - or the financial value of any claim in addition to those repairs is more than £1,000. [10]

A claim for a remedy for harassment or unlawful eviction relating to residential premises will not be allocated to the Small Claims Track even if it meets the financial limits. [11]

Fast Track

Claims with a financial value of no more than £15,000, for which the Small Claims Track is not the normal track are usually allocated to the Fast Track[12] unless: the trial is likely to last for more than one day[13]; oral expert evidence at trial will be in more than two fields; or there will be more than one expert per party in each field. [14]

Multi Track

Any case not allocated to either the Small Claims- or the Fast Track is allocated to the Multi Track. [15]

Pre-action Protocols

To support the ethos of narrowing the issues prior to the use of proceedings and encapsulate best practice, the CPR introduced Pre-action protocols. They are given force by Practice Direction – Protocols

Purpose

Pre-action protocols outline the steps that parties should take in particular types of dispute to seek information from, and to provide information to, each other prior to making a legal claim.

Paragraph 1 of the Practice Direction defines the purpose of pre-action protocols as:

Current Pre-action Protocols

ProtocolPublicationComing into Force
Construction and Engineering DisputesSeptember 20002 October 2000
DefamationSeptember 20002 October 2000
Disease and Illness ClaimsSeptember 20038 December 2003
Disrepair CasesSeptember 20038 December 2003
Judicial Review3 December 20014 March 2002
Personal Injury ClaimsJanuary 199926 April 1999
Possession claims based on Rent ArrearsSeptember 20062 October 2006
Professional NegligenceMay 200116 July 2001
Resolution of Clinical Disputes (previously called Clinical Negligence)January 199926 April 1999
Last Updated 6 September 2007

Penalties

Paragraph 2 indicates that the Court may add terms to any order if it feels a party has breached a protocol. Events 1187 - Siege of Jerusalem: Saladin captures Jerusalem after 88 years of Crusader rule 2000 ( MM) was a Leap year that started on Saturday of the Common Era, in accordance with the Gregorian calendar. Events 1187 - Siege of Jerusalem: Saladin captures Jerusalem after 88 years of Crusader rule 2000 ( MM) was a Leap year that started on Saturday of the Common Era, in accordance with the Gregorian calendar. Events 1609 - Biblioteca Ambrosiana opens its reading room the second public library of Europe. Year 2003 ( MMIII) was a Common year starting on Wednesday of the Gregorian calendar. Events 1609 - Biblioteca Ambrosiana opens its reading room the second public library of Europe. Year 2003 ( MMIII) was a Common year starting on Wednesday of the Gregorian calendar. Events 1800 - War of the Second Coalition: Battle of Hohenlinden, French Year 2001 ( MMI) was a Common year starting on Monday according to the Gregorian calendar. Events 51 - Nero, later to become Roman Emperor, is given the title Princeps iuventutis (head of the youth See also 2002 (disambiguation Year 2002 ( MMII) was a Common year starting on Tuesday of the Gregorian calendar. Events 1467 - The miraculous image in Our Lady of Good Counsel appear in Genazzano, Italy. Year 1999 ( MCMXCIX) was a Common year starting on Friday (link will display full 1999 Gregorian calendar) Events 1187 - Siege of Jerusalem: Saladin captures Jerusalem after 88 years of Crusader rule Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. Events 622 - The beginning of the Islamic calendar. 1054 - Three Roman legates fractured relations between the Western and Year 2001 ( MMI) was a Common year starting on Monday according to the Gregorian calendar. Events 1467 - The miraculous image in Our Lady of Good Counsel appear in Genazzano, Italy. Year 1999 ( MCMXCIX) was a Common year starting on Friday (link will display full 1999 Gregorian calendar) Events 3114 BC - According to the Proleptic Julian calendar the current era in the Maya Long Count Calendar started Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. These will place parties in the same position as if the breach had not occurred (or a close as possible).

The court may, amongst other remedies, order that the party in breach:

For instance, where a party commences proceedings prior to supplying important information to the other party(s) then the Court might disallow interest for the period prior to the information being provided.

In addition, the protocol might provide grounds to show a party had or had not behaved so unreasonably as to merit penalty under another Rule (for instance CPR 44. 3).

Cases not covered by a protocol

Where no protocol has been published Paragraph 4 states that parties should confirm to CPR 1 and the Overriding Objective.

It also sets out what would normally be considered reasonable behaviour prior to issue.

Where a case has been commenced prior to the protocol coming into force, but after publication the protocol is not binding. However, the degree to which a party has attempted to follow it anyway might be persuasive.

Creation of the Rules

Section 2 of the CPA requires that the CPR are made by a committee called the Civil Procedure Rule Committee. The committee is appointed by the Lord Chancellor and is formed of:

Appointments are made in consultation with the Lord Chief Justice and all authorised bodies (within the purposes of section 27 or 28 of the CLSA 1990) which have members who are eligible for appointment. The Lord High Chancellor of Great Britain, or Lord Chancellor is a senior and important functionary in the Government of the United Kingdom. The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the third most senior judge of England and The Chancellor of the High Court is the head of the Chancery Division of the High Court of Justice of England and Wales. A judge, or justice, is an Official who presides over a Court of law The Supreme Court of the United Kingdom was established in law by Part III of the Constitutional Reform Act 2005. Circuit Judges are senior Judges in England and Wales who sit in the Crown Court, County Courts and certain specialized sub-divisions of the There are various levels of Judiciary in England and Wales — different types of courts have different styles of Judges They also form a strict Hierarchy A Master is a low (or lowest in some jurisdictions rank of judge or judicial official in a number of judiciaries such as those of the United Kingdom, the Republic of The Supreme Court Act 1981 is an Act of the Parliament of the United Kingdom (citation 1981 c In law a lawsuit is a civil action brought before a Court in which the party commencing the action the Plaintiff, seeks a legal or equitable remedy England and Wales The County Court is the Workhorse of the civil justice system in England and Wales. The Lord Chief Justice of England and Wales was historically the second-highest judge of the Courts of England and Wales, after the Lord Chancellor.

The committee currently meets 9 times a year, with a summer break during August and September, and a winter break during January.

The current membership of the CPR Committee at any time is to be found on the Ministry of Justice website.

Enactment

Section 3 of the Act requires that Rules be enacted by a statutory instrument to which the Statutory Instruments Act 1946[1] is to apply as if it contained rules made by a Minister of the Crown. In Law, a Statutory Instrument is a form of delegated or Secondary legislation. Minister of the Crown is the formal constitutional term used in the Commonwealth realms to describe a minister to the reigning sovereign

Section 3(1)(a) grants the Lord Chancellor the power to chose when a Rule comes into effect.

Consequential amendments

Section 4(1) of the Act grants the Lord Chancellor the power to amend, repeal, or revoke, by way of statutory instrument any other law to achieve the purposes of Rules.

Section 4(2) grants the Lord Chancellor the power to amend, repeal, or revoke, by way of statutory instrument any law to facilitate the making of Rules. This power is subject to the approval of both Houses of Parliament by a resolution. The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom and British overseas territories

See also

References

  1. ^ Access to Justice Final Report, by The Right Honourable the Lord Woolf, Master of the Rolls, July 1996, Final Report to the Lord Chancellor on the civil justice system in England and Wales
  2. ^ Access to Justice Report 1996, Lord Woolf, Section I: Overview, Paragraph 1
  3. ^ Access to Justice Report 1996, Woolf, Section II: Case Management, Chapter 1, Paragraph 4
  4. ^ Access to Justice Report 1996, Woolf, Section II: Case Management, Chapter 1, Paragraph 3
  5. ^ Access to Justice Report 1996, Woolf, Section II: Case Management, Chapter 2 Fast Track: General, Paragraph 23
  6. ^ Access to Justice Report 1996, Woolf, Section II: Case Management, Chapter 1, Paragraph 1
  7. ^ CPR 26. In English law, a Practice Direction is a supplemental protocol to rules of civil and criminal procedure in the Courts The Civil Procedure Rules 1998 contains 6(3)
  8. ^ CPR 26. 6(2)
  9. ^ CPR 26. 6(1)(a)
  10. ^ CRP 26. 6(1)(b)
  11. ^ CPR 27. 1(2)
  12. ^ CPR 26. 6(4)
  13. ^ CPR 26. 6(5)(a)
  14. ^ CPR 26. 6(5)(b)
  15. ^ CPR 26. 6(6)

External links

Events 1590 - Alexander Farnese 's army forces Henry IV of France to raise the siege of Paris. Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. Events 451 - The Battle of Avarayr between Armenian rebels and the Sassanid Empire takes place 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common
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