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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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