0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

CPR update 57th edition

8 September 2011
The facts

The 57th update to the Civil Procedure Rules introduces a number of amendments which come into force on the 1st October 2011. Most importantly, the meaning of ‘more advantageous’ in Part 36 has been clarified. The amendment inserts 1A after Rule 36.14(1) to the effect:

“For the purposes of paragraph (1), in relation to any money claim or any money element of a claim, “more advantageous” means better in money terms by any amount, however small, and “at least as advantageous” shall be construed accordingly.”

This therefore concludes the battle that has been fought in the Court of Appeal recently as to the effect and consequence of the decision in Carver v BAA.

Other amendments increase the hourly rate that litigants in person can recover for financial loss through spending time on legal work, from £9.25 to £18.

Changes are also made to the pre-action protocol for low value personal injury claims in road traffic accidents, clarifying what information should be contained in documents sent to the court for assessment of the value of damages. The amendment substitutes in paragraph 7.55 for (a) and (b) the following:

“a) In Part A the Schedule of the Claimant’s losses and the Defendant’s responses comprising only the figures specified in sub-paragraphs 1 and 2 above, together with supporting comments and evidence from both parties on any disputed heads of damage; and
b) In Part B the final offer and counter offer from the Stage 2 settlement pack form and, where relevant, the offer and any final counter offer made under paragraph 7.45.”

Finally, an amendment is also made to the Practice Direction to Part 27, increasing the amount that may be recovered for loss of earnings of leave due to attendance at court for a Small Claims Hearing from £50 to £90 per day.

focus on...

Legal updates

Non-payment of insurance premiums during the Coronavirus pandemic

The forced closure of many businesses as a result of the Coronavirus pandemic has had a huge impact on the nation’s Gross Domestic Product (GDP). Recent reports from the Office for National Statistics state that the economy was 25% smaller in April than it was in February this year.


Legal updates

Noise-induced hearing loss claims – documentation and the expert engineer

Guest writer, Finch Consulting Senior Consultant Teli Chinelis applies his expertise in preparing engineering reports in relation to noise-induced hearing loss (NIHL) claims to explain information that is required from the claimant and information that is required and is advisable to be retained by employers, in order to ensure that claims can be fairly represented.


Legal updates

Contingent loss in negligence claims

Contingent loss is relevant to limitation; specifically, the date at which a claimant’s cause of action accrues for the purposes of a claim in the tort of negligence (as many claims against professional advisers are framed).


Legal updates

Legal and regulatory monthly update - September 2019

The latest update covering delegated authority, insurance product development, the senior insurance managers regime, data protection, operational control frameworks, Lloyds market, and horizon scanning.


The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

mailing list sign up

Select which mailings you would like to receive from us.

Sign up