The Civil Procedure Rules (CPR) were introduced in 1997 as per the Civil Procedure Act 1997 by the
Civil Procedure Rule Committee
The Civil Procedure Rule Committee is an advisory non-departmental public body within the Government of the United Kingdom which makes rules for the Civil Division of the Court of Appeal, High Court and County Court
A county court is a court bas ...
and are the rules of
civil procedure
Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). These rules govern how a lawsuit or case may be commenced; what ki ...
used by the
Court of Appeal
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...
,
High Court of Justice
The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal of England and Wales, Court of Appeal and the Crown Court, are the Courts of England and Wales, Senior Cou ...
, and
County Court
A county court is a court based in or with a jurisdiction covering one or more counties, which are administrative divisions (subnational entities) within a country, not to be confused with the medieval system of ''county courts'' held by the high ...
s in
civil cases
Civil law is a major branch of the law. Glanville Williams. ''Learning the Law''. Eleventh Edition. Stevens. 1982. p. 2. In common law legal systems such as England and Wales and the United States, the term refers to non- criminal law. The law r ...
in
England and Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
. They apply to all cases commenced after 26 April 1999, and largely replace the
Rules of the Supreme Court
The Rules of the Supreme Court (RSC) were the rules which governed civil procedure in the Supreme Court of Judicature of England and Wales from its formation in 1883 until 1999.
The RSC applied to all civil cases in the Supreme Court in England ...
and the County Court Rules. The Civil Procedure Rules 1998 is the statutory instrument listing the rules.
The CPR were designed to improve access to justice by making legal proceedings cheaper, quicker, and easier to understand for non-lawyers. As a consequence of this, many archaic legal terms were replaced with "plain English" equivalents, such as "claimant" for "plaintiff" and "witness summons" for "subpoena".
Unlike the previous rules of
civil procedure
Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). These rules govern how a lawsuit or case may be commenced; what ki ...
, 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.
History
In 1994, the
Lord Chancellor
The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. The ...
instructed the then
Master of the Rolls
The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the President of the Court of Appeal (England and Wales)#Civil Division, Civil Division of the Court of Appeal of England and Wales a ...
,
Lord Woolf
Harry Kenneth Woolf, Baron Woolf, (born 2 May 1933) is a British life peer and retired barrister and judge. He was Master of the Rolls from 1996 until 2000 and Lord Chief Justice of England and Wales from 2000 until 2005. The Constitutional R ...
, to report on options to consolidate the existing rules of civil procedure.
On 16 June 1995, Lord Woolf published an interim report on ''Access to Justice''. The interim report was the subject of extensive academic commentary. For example, American law professor Richard Marcus, Jr. pointed out that the interim report was clearly inspired by the experience of the
US federal courts
The federal judiciary of the United States is one of the three branches of the federal government of the United States organized under the United States Constitution and laws of the federal government. The U.S. federal judiciary consists primaril ...
with case management, which grew out of their experience with managing complex litigation. During the 1960s, a massive
antitrust
Competition law is the field of law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. Competition law is implemented through public and private enforcement. It is also known as antitrust l ...
scandal in the American electrical equipment industry had led to the enactment of a
multidistrict litigation
In United States law, multidistrict litigation (MDL) refers to a special federal legal procedure designed to speed the process of handling complex cases, such as air disaster litigation or complex product liability suits.
Description
MDL cases oc ...
statute in 1968 and the creation of the
Judicial Panel on Multidistrict Litigation
The United States Judicial Panel on Multidistrict Litigation (J.P.M.L. or the Panel) is a special body within the United States federal court system which manages multidistrict litigation. It was established by Congress in 1968 by , and has the ...
. In 1969, the Panel published the ''Manual on Complex Litigation'', which proposed that American judges should take a more active role in the management and development of complex cases during the pretrial phase of litigation. This recommendation touched off the case management movement of the 1970s and 1980s in American courts.
On 26 July 1996, Lord Woolf published his final ''Access to Justice Report 1996'' in which he "... identified a number of principles the civil justice system should meet 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". (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".
The second thread of the report was to control the cost of litigation, both in time and money, by focusing on key issues rather than every possible issue and limiting the amount of work that has to be done on the case.
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, 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 Civil Procedure Act 1997 (c. 12) was enacted on 27 February 1997. It conferred the power to make civil procedure rules. It also established the
Civil Justice Council
The Civil Justice Council is a UK non-departmental public body that advises the Lord Chancellor on civil justice and civil procedure in England and Wales. It was established in 1998 under section 6 of the Civil Procedure Act 1997 and is sponsore ...
, a body composed of members of the judiciary, members of the legal professions and civil servants, and charged with reviewing the civil justice system.
The Civil Procedure Rules 1998 (SI 1998/3132) were made on 10 December 1998 and came into force on 26 April 1999. The draft rules of practice formed their core.
The overriding objective
Implemented as a result of reforms suggested by
Lord Woolf
Harry Kenneth Woolf, Baron Woolf, (born 2 May 1933) is a British life peer and retired barrister and judge. He was Master of the Rolls from 1996 until 2000 and Lord Chief Justice of England and Wales from 2000 until 2005. The Constitutional R ...
and his committee, one of the innovations of the rules is the “overriding objective” embodied in Part 1 of the Rules, which states:
:1.1
::(1) These Rules are a new procedural code with the overriding objective of enabling the court to deal with cases justly and at proportionate cost.
::(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 to be intelligible not just to lawyers but also to
litigants in person.
Assessing proportionality
Two approaches to the assessment of proportionality arose in the case of West v
Stockport NHS Foundation Trust (2019), in particular on appeal from the initial trial. The appeal judges referred to a "debate between the parties as to whether a proportionality challenge was limited to the circumstances of the particular case ('the narrower interpretation'), or whether it was to be assessed by reference to all the circumstances, and so encompass matters which were not necessarily related to the case in question ('the wider interpretation'). On a reading of CPR 44, which contains general rules about costs, it was felt to be clear that "questions of proportionality are to be considered by reference to the specific matters ... and, if relevant, any wider circumstances. ... Accordingly, the wider interpretation is correct".
Tracks
Small Claims Track
Claims with a value of not more than £10,000 (the amount increased on 1 April 2013) are usually allocated to the Small Claims Track unless: the amount claimed for pain, suffering, and loss of amenity is more than £1,000.00.; 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.
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.
Fast Track
Claims with a financial value of no more than £25,000 (£15,000 for claims issued before 6 April 2009), for which the Small Claims Track is not the normal track are usually allocated to the Fast Track 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 field.
Multi Track
Any case not allocated to either the Small Claims Track or the Fast Track is allocated to the Multi Track.
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.
Pre-action protocols, which entails setting out the claim in full to the defendant in an attempt to negotiate a settlement. The emphasis is placed on co-operation to identify the main issues. Failure to co-operate may lead cost penalties, regardless of the eventual outcomes of the case.
Paragraph 1 of the Practice Direction defines the purpose of pre-action protocols as:
* encouraging the early exchange of all information relating to the prospective legal claim
* aiding settlement of the claim without the commencement of proceedings
* producing a foundation for efficient case management where litigation cannot be avoided
Current Pre-action Protocols
Penalties
Paragraph 2 indicates that the Court may add terms to any order if it feels a party has breached a protocol. These will place parties in the same position as if the breach had not occurred (or as close as possible).
The court may, amongst other remedies, order that the party in breach:
* pay some or all of the costs of another party
* pay costs to another party on an indemnity rather than standard basis
* pay a higher rate of interest on particular damages awarded, or for a particular period.
* forgo interest on a particular item of damages or for a period.
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 conform 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
Civil Procedure Act 1997
The Civil Procedure Rules (CPR) were introduced in 1997 as per the Civil Procedure Act 1997 by the Civil Procedure Rule Committee and are the rules of civil procedure used by the Court of Appeal, High Court of Justice, and County Courts in civil ...
requires that the CPR are made by a committee called the Civil Procedure Rule Committee.
Members of the committee consist of:
;''
Ex officio
An ''ex officio'' member is a member of a body (notably a board, committee, council) who is part of it by virtue of holding another office. The term '' ex officio'' is Latin, meaning literally 'from the office', and the sense intended is 'by right ...
''
* the
Master of the Rolls
The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the President of the Court of Appeal (England and Wales)#Civil Division, Civil Division of the Court of Appeal of England and Wales a ...
/Head of Civil Justice
* the Deputy Head of Civil Justice (if there is one)
; Those appointed by the
Lord Chief Justice
Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or are ...
* either two or three judges of the
Senior Courts
* one
Circuit judge
* either one or two
district judges
* one person who is a
Master
Master or masters may refer to:
Ranks or titles
* Ascended master, a term used in the Theosophical religious tradition to refer to spiritually enlightened beings who in past incarnations were ordinary humans
*Grandmaster (chess), National Master ...
referred to in Part II of Schedule 2 to the
Senior Courts Act 1981
The Senior Courts Act 1981 (c.54), originally named the Supreme Court Act 1981, is an Act of the Parliament of the United Kingdom.
The Act prescribes the structure and jurisdictions of the Senior Courts of England and Wales (previously known as ...
;Those appointed by the
Lord Chancellor
The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. The ...
* three persons who have a Supreme Court qualification (within the meaning of section 71 of the
Courts and Legal Services Act 1990
The Courts and Legal Services Act 1990 (c. 41) was an Act of the Parliament of the United Kingdom that reformed the legal profession and courts of England and Wales. The Act was the culmination of a series of reports and reforms that started with ...
(CLSA)), including at least one with particular experience of practice in
county court
A county court is a court based in or with a jurisdiction covering one or more counties, which are administrative divisions (subnational entities) within a country, not to be confused with the medieval system of ''county courts'' held by the high ...
s
* Three persons who have been authorised by a relevant approved regulator to conduct litigation in relation to all proceedings in the Senior Courts, including at least one with particular experience of practice in county courts
* two persons with experience in and knowledge of the lay advice sector or consumer affairs
The Lord Chancellor's appointments are made in consultation with the Lord Chief Justice and all authorised bodies which have members who are eligible for appointment.
Rulemaking procedure
Rules must be approved by at least eight members of the Committee, and submitted to the Lord Chancellor who may allow or disallow them. Where he decides to disallow, he must express his reasons for doing so in writing.
See also
*
Civil Jurisdiction and Judgments Act 1982
*
Lord Woolf
Harry Kenneth Woolf, Baron Woolf, (born 2 May 1933) is a British life peer and retired barrister and judge. He was Master of the Rolls from 1996 until 2000 and Lord Chief Justice of England and Wales from 2000 until 2005. The Constitutional R ...
*
Practice DirectionThe Civil Procedure Rules 1998
References
Bibliography
* Dwyer, D, ''The Civil Procedure Rules Ten Years On'', Oxford University Press (2009).
External links
Civil Procedure Rules Committee official website link correct 5 September 2007
link correct 26 May 2008
*
*
{{English law types
Codes of civil procedure
1998 in law
English civil law
Statutory Instruments of the United Kingdom