header-logo header-logo

06 December 2013 / Diane Parker
Issue: 7587 / Categories: Opinion
printer mail-detail

A return to the nursery?

web_parker

New beginnings—or old history? Diane Parker examines the recent reforms to civil proceedings

As litigators digest the Court of Appeal’s cost budgeting decision in Mitchell, it is interesting to look back at the course of civil proceedings over the last 20 or so years that I have been in practice.

CPR

There is no doubt that the introduction of the Civil Procedure Rules, otherwise known as the Woolf reforms, represented a seismic shift in the conduct of litigation in England and Wales—and can be likened to the courts requiring the parties to litigation to come of age.

By passing responsibility for conducting litigation in a mature way to the parties the courts transferred behaviour from the nursery into adulthood.

A stark example of this can be seen in relation to CPR 32.10—which states that a party that fails to file a witness statement in accordance with the directions must seek the permission of the court to rely on that evidence. This is not a new rule, but who, before this year, ever felt the need to make an application to court?

The

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

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
back-to-top-scroll