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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.

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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.

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