Upcoming changes to the Civil Procedure Rules (“CPR”)

On 1 October 2024, the new changes to the CPR will take effect. The changes that were implemented in October 2023 have changed the landscape of proceedings, especially with the introduction of the ‘intermediary track’ and the ‘fixed recoverable costs’ (“FRC”) regime.

Practitioners now have the benefit of a fairer regime, and a regime which is more adaptable to the changing legal climate.

There are some key proposed changes to the CPR which will impact the way in which practitioners advise clients and the way litigation is conducted. The aim of the CPR is to make proceedings as cost effective, timely and fair as possible. It is updated yearly to ensure that the regime is operating seamlessly and to iron out any issues which have emerged in practice. We highlight below the upcoming proposed changes and what this could mean for practitioners:

1. Overriding objective – the October 2024 amendment proposes to change the current wording of the overriding objective. The updated wording will be as follows “ordering or encouraging the parties to use, and facilitating the use of, alternative dispute resolution”. The intention is to ensure parties are aware that they have a positive obligation to engage in alternative dispute resolution. The inclusion of this is likely to reduce pressure on the Courts and to assist with the streamlining of cases.

2. Extension of the FRC regime: the FRC was introduced last year and aimed to streamline the costs incurred in litigation. The proposed changes will mean that costs of assessment in the FRC are determined both before and after proceedings have started. The proposal will include the new Precedent U, which is created pursuant to CPR 45.64. The intention of this will mean that parties costs for interim hearings will be determined by reference to this regime. If costs have not been agreed at the hearing, the Court will have wide discretion to determine the amount of fixed costs and disbursements to be awarded.

3. Consideration of ADR – a new provision will be added to CPR 44, which states that the Court when considering costs will have the jurisdiction to consider whether a party has failed to comply with an order for alternative dispute resolution or unreasonably failed to engage in alternative dispute resolution. There possibility of costs sanctions being imposed is likely to mean that parties will consider ADR more seriously.

4. Consistency – the CPR will now be amended to define “Judge”. The changes will reflect the seniority and status of judges, masters and District Judges and will ensure consistency in the CPR.

5. Changes to appeals- by reference to CPR 52.3A, the new provisions will mean, where the Court of Appeal has determined a matter, and if the applicant wants to appeal this decision, they must do so within 28 days of the decision made by the Court of Appeal.

The new changes to the CPR will be sure to change the landscape of legal proceedings again. We will be keeping a close eye on updates around FRC after the changes have been implemented on 1 October 2024. 

Stay tuned for updates on the changes to the CPR and other relevant areas insights of our practices that may be of interest to you.

If you have any queries about the CPR, please do not hesitate to get in touch with our Disputes & Resolution team by telephone on 0207 052 3545 or by email info@kaurmaxwell.com

This article is for general information only. Its content is not a statement of the law on any subject and does not constitute advice.

Please contact KaurMaxwell for advice before taking any action in reliance on it. 

By: Dhruti Shingadia