header-logo header-logo

29 August 2023
Issue: 8038 / Categories: Legal News , Procedure & practice , Technology , Legal services
printer mail-detail

Civil Justice Council reports on pre-action protocols

The Civil Justice Council (CJC) published part one of its final report on pre-action protocols last week.

The CJC pre-action protocols working group, chaired by Professor Andrew Higgins, began work in late 2020. The report discusses the potential for digital pre-action portals to make dispute resolution more accessible and efficient, as well as examining the risks involved.

It recommends compliance be made formally mandatory, except where cases are urgent: for example, where the limitation period is expiring or an urgent injunction is sought. Online pre-action portals ‘should be accessible and workable for both professional court users and litigants in person, and digital assistance or paper-based alternatives must be available for litigants in person who are technologically disadvantaged’.

Special provision is made for vulnerable parties—all online pre-action portals should include a question asking parties about their vulnerability, so that extra support can be provided.

Sir Geoffrey Vos, Master of the Rolls and CJC chair, said: ‘Pre-action protocols are an essential part of the wider pre-action civil justice system.’

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll