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09 October 2008
Issue: 7340 / Categories: Features , Procedure & practice
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Civil way: 10 October 2008

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Procedure & practice

We continue our summary of those provisions of the CPR 47th update which came into force on 1 October 2008 (see NLJ, 26 September 2008, p 1,333 and 3 October 2008, p 1,370 for previous doses).
Recoverable benefits

There are amendments to rr 36.9 and 36.15 and PD 36 to cater for the recovery of lump sum payments of benefit where there is a Pt 36 offer to settle. PD 40 on judgments and orders is also tinkered with on recoverable benefits.
Cheap but expensive

The Legal Services Act 2007, s 194 was brought into effect on 1 October 2008 and enables an award of costs in civil and family proceedings notwithstanding that the “receiving” party has enjoyed legal representation provided free of charge. A prescribed charity—the Access to Justice Foundation—will be the beneficiary of the costs and will administer and distribute to voluntary organisations that provide legal support. Amendments are made principally to Pts 44 and 47 (rr 23 and 25) and to the costs PD.
“See you in court”

A county court r 71.3 order for the debtor to attend

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NEWS
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NLJ this week: No such thing as a ‘Welsh seat’
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
NLJ this week: Jury reform risks justice for efficiency’s sake
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’
NLJ this week: Crypto fightback offers ‘new frontier for law’
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
NLJ this week: Time to revive the duty to report crime?
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
NLJ this week: When are experts truly ‘necessary’?
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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