3 Rules of the Supreme Court and the County Court Rules Civil ProceedingsCivil Procedure Rules (CPR)Lord Woolf (Master of the Rolls)published on10 December 1998came into force on26 April 1999replacesRules of the Supreme Court and the County Court Ruleslimit the number of cases going to the courtsComposed of 79 parts(51 in the first version / 59 updates)
4 Pre-action Protocols 1. Aims 1.1 The aims of this Practice Direction are to –(1) enable parties to settle the issue between them without the need to start proceedings (that is, a court claim); and(2) support the efficient management by the court and the parties of proceedings that cannot be avoided.1.2These aims are to be achieved by encouraging the parties to –(1) exchange information about the issue, and(2) consider using a form of Alternative Dispute Resolution (‘ADR’).
5 Pre-action Protocols typical protocol 1. early notification: “letter of claim” (or “letter before claim”) sent to the defendant2. response within a “reasonable period of time”: days for simple claims, up to 90 days for more complex ones3. joint selection of, and access to, experts (in complex claims)4. alternative dispute resolutionPre-action protocols are compulsory and the court may impose sanctions for non-compliance with the relevant pre-action protocol
6 Pre-action Protocols Pre-Action Protocol Came into force Personal Injury26 April 1999Clinical DisputesConstruction and Engineering2 October 2000DefamationProfessional Negligence16 July 2001Judicial Review4 March 2002Disease and Illness8 December 2003Housing DisrepairPossession Claims based on Rent Arrears2 October 2006Possession Claims based on Mortgage, etc.19 November 2008Low Value Personal Injury Claims in Road Traffic Accidents1 October 2010'Dilapidations Protocol‘ (Commercial Property at Termination of a Tenancy)1 April 2012https://www.justice.gov.uk/courts/procedure-rules/civil/protocol
7 Alternative Dispute Resolution settling civil disputes without going to court or without going to trial.ADR techniques(decisions or opinions by a neutral third party)Ombudsmen (// “médiateurs de la République”) => complaints relating to maladministration (only before court action has been started)Early neutral evaluation by an independent third party (for example, a lawyer experienced in the field of administrative law or an individual experienced in the subject matter of the claim)Arbitration: an impartial adjudicator whose decision the parties to the dispute have agreed (used for the resolution of commercial disputes) (CPR 62)Mediation: form of facilitated negotiation assisted by an independent neutral partyThe CPR encourages litigants to use ADR procedures (and a judge can recommend it). The court may also impose cost sanctions if it decides that one or more of the parties has been unreasonable in refusing to attempt ADR.
8 A. The claimant files a claim form Starting proceedingsA. The claimant files a claim formCPR 7.2(1) Proceedings are started when the court issues a claim form at the request of the claimant.
11 B. The defendant’s response CPR 9.2When particulars of claim are served on a defendant, the defendant may –(a) file or serve an admission in accordance with Part 14;(b) file a defence in accordance with Part 15,(or do both, if he admits only part of the claim); or(c) file an acknowledgment of service in accordance with Part 10.CPR 10.1(3) A defendant may file an acknowledgment of service if –(a) he is unable to file a defence within the period specified in rule 15.4; or(b) he wishes to dispute the court’s jurisdiction.CPR 12.1In these Rules, ‘default judgment’ means judgment without trial where a defendant –(a) has failed to file an acknowledgment of service; or(b) has failed to file a defence.CPR 15.4(1) The general rule is that the period for filing a defence is –(a) 14 days after service of the particulars of claim; or(b) if the defendant files an acknowledgment of service under Part 10, 28 days after service of the particulars of claim.
12 Tracks Small Claims Track (CPR 27.1 & 26.6) any claim with a financial value of not more than £5,000;any claim with a value of not more than £5,000 where the claim for damages for personal injuries is not more than £1,000; andany claim which includes a claim by a tenant of residential premises against his landlord for repairs estimated at not more than £1,000 and the financial value of any other claim for damages not more than £1,000Fast Track (CPR 28 & 26.6)any claim with a financial value of no more than £15,000 (before 6 April 2009) / £25,000 (after 6 April 2009)unless: the trial is likely to last for more than one day; oral expert evidence at trial will be in more than two fields; or there will be more than one expert per party in each fieldMulti Track (CPR 26.6)The multi-track is the normal track for any claim for which the small claims track or the fast track is not the normal track.
13 Typical fast track timetable Disclosure (CPR 31)4 weeksExchange of witness statements (CPR 34)10 weeksExchange of experts’ reports (CPR 35)14 weeksSending of pre-trial check lists (listing questionnaires) by the court20 weeksFiling of completed pre-trial check lists (CPR 28)22 weeksHearing (CPR 39)30 weeks