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113th CPR Update – Practice Direction Amendments by Paul Dormand

Fri 27th Mar 2020

The latest Civil Procedure Rules Update amends various Practice Directions, and can be found in full here: https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/update/cpr-113th-pd-update.pdf

Some of the amendments are in force from 31st March 2020, others from 6th April 2020. Here is a selection of some of the key points:

Costs – CPR PD 44 Para 12.6 (in force 6th April 2020) 

This is an amendment of the provision in relation to the QOCS exceptions outlined at 44.16, to address the criticisms made in Brown v Metropolitan Police Commissioner [2019] EWCA Civ 1724. In this case at paragraph 17, Coulson LJJ stated:

“For reasons which will become apparent below, I strongly doubt the utility or accuracy of [paragraph 12.6]. It purports to treat all of the exceptions in r.44.16 in the same way and assumes that, if any of the exceptions are triggered, the result will, in a normal case, be adverse to the claimant. It seems to me that this fails to recognise that the exception at r.44.16(1) will be triggered in circumstances of fundamental dishonesty (when an adverse costs order which removes QOCS protection will normally be justified) whilst the exception at r.44.16(2)(b) – whatever its interpretation – is not intended to reflect adversely on the claimant and cannot, of itself, justify a similarly harsh approach.”

The following amendment is therefore made to paragraph 12.6 of PD 44:

In Paragraph 12.6, for “In proceedings to which rule 44.16 applies” substitute “In a case to which rule 44.16(1) or rule 44.16(2)(a) applies”. It is a small but important piece of finessing which should be kept in mind when any 44.16 arguments are being made.

Credit Hire – CPR PD 16 (in force 6th April 2020)

Following a Civil Procedure Rules Committee consultation in 2017, the following paragraphs will be added to PD 16:

1) After paragraph 6.2 insert—

Hire of replacement motor vehicle following a road traffic accident

6.3 Where the claim includes the cost of hire of a replacement motor vehicle following a road traffic accident, the claimant must state in the particulars of claim—

(1) the need for the replacement vehicle at the relevant time;

(2) the period of hire claimed (providing the start and end of the period);

(3) the rate of hire claimed;

(4) the reasonableness of the period and rate of hire; and

(5) impecuniosity (if the claim relates to credit hire).

6.4 In paragraph 6.3—

(1) “relevant time” means at the start of the hire and throughout the period of hire;

(2) the obligation to state the matters there set out includes an obligation to state relevant facts.”.

2) In paragraph 8.2(8), for “mitigation of loss or damage” substitute “a claim for mitigation expenditure”.

Note the requirement to include need, period, rate, and impecuniosity in the particulars of claim, as well as reasonableness of the period and rate.

Statements of truth (Contempt) – CPR PD 22 (in force 6th April 2020)

As well as the new requirement that a statement of truth must be dated with the date on which it was signed (by the addition of PD 22 2.5), the following must be inserted at the end of a statement of truth:

“I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.”

This will apply to witness statements and statements of case, so any standard templates you may have will need to be updated accordingly.

Witnesses Translation – CPR PD 22 & 32 (in force 6th April 2020)

Various amendments have been made to the above Practice Directions to address issues with witness who cannot speak English. I would recommend following the link above for each amendment and addition, but the key points are as follows:

  • A statement of truth must be in the witness’s own language
  • A witness statement must also be in the witness’s own language and must state the process by which it has been prepared (face-to-face, telephone etc.).
  • The statement must also be translated.
  • The translator must sign the original statement, and certify the translated statement.
  • The foreign language statement must be filed with the court.

Paul Dormand
Broadway House Chambers

27th March 2020

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