header-logo header-logo

CPR changes—April 2009

27 February 2009 / Amanda Wadey
Categories: Features , Procedure & practice , LexisPSL , CPR
printer mail-detail

Amanda Wadey outlines the main changes to the CPR coming into force on 6 April 2009.

CHART

 

Practice direction—Pre-action conduct
Last year, the Civil Justice Council (CJC) consulted for the second time on the
introduction of a general pre-action protocol for claims not covered by one of the existing specialist protocols. As a result of the responses received, the CJC guarded against the introduction of a general pre-action protocol but proposed that further information be provided on pre-action behaviour and that there be greater clarity around the enforcement of protocols. The result is this new practice direction on preaction conduct.
This new practice direction seeks to aid parties in settling claims so that proceedings do not have to be issued and to assist in the efficient management of the claim, if proceedings cannot be avoided. It does this by encouraging early exchange of information and the consideration of ADR.
Provisions relating to the court’s case management powers have been amended so that it is now mandatory for the court to take into account

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll