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A summary of key developments including an open justice consultation published by the Ministry of Justice, an update on personal injury discount rates across all three jurisdictions in the UK, draft rules relating to fixed recoverable costs, next steps in the word of civil costs following the Civil Justice Council’s May report, and the UK Government’s response to the Independent Inquiry into Child Sexual Abuse.
Open Justice: the way forward consultation
The Ministry of Justice (MoJ) is seeking views on a range of topics including open justice, access to data, and the transparency of court and tribunal services in England and Wales. The MoJ’s aim is to measure public awareness and understanding of the open justice principle, as well as gather information about any obstacles to implementing it. The MoJ is also looking to further understand where it should focus its existing and future policy efforts in this area and how emerging technologies could be utilised to enhance and strengthen open justice.
The call for evidence closes on 7 September 2023.
Contacts: Fiona Hamilton-Wood and Weronika Dorociak
An update on personal injury discount rates across all three jurisdictions in the UK
Earlier this month, the devolved administrations in Scotland and Northern Ireland issued a joint request for views on whether any changes should be made to the range of factors to be taken into account when calculating the personal injury discount rate (PIDR). Responses to the joint request for views must be submitted by 11 July 2023.
The joint call for views follows the Ministry of Justice (MoJ) in England & Wales at the beginning of the year launching a call for evidence seeking additional evidence and views on the introduction of dual or multiple rates. The MoJ’s response is due to be published in July 2023. In the meantime, on 27 June 2023 the MoJ announced the members of the Lord Chancellor’s PIDR expert panel. The panel’s first meeting will be held in July and minutes of this and all subsequent meetings will be published on the new PIDR page on GOV.UK.
Contacts: Amanda Wylie, Rory Jackson and Lauren Gosnell
Related items:
- Northern Ireland and Scotland launch personal injury discount rate calls for evidence
- Personal injury discount rate: a global snapshot
Fixed recoverable costs: approved rules
On 20 April 2023, the Civil Procedure Rule Committee released draft rules that will govern the extension of the fixed recoverable costs (FRC) regime from 1 October 2023 for most civil claims valued up to £100,000 have been approved in principle from the Civil Procedure Rules Committee.
FRC will be introduced in the fast track with four bands of complexity. There will also be a separate intermediate track, again with four complexity bands. However, it is also worth noting that “judges will retain the discretion to allocate more complex cases valued at under £100,000 to the multi-track, so that complex cases will not be inappropriately captured by the extended FRC regime in any event.”
Mesothelioma and other asbestos related lung disease claims, abuse cases, claims against the police involving an intentional or reckless tort, or relief or remedy in relation to the Human Rights Act are excluded from the FRC.
The new FRC will apply to personal injury claims where the cause of action accrues on or after 1 October 2023; and will only apply to disease claims where the letter of claim has not been sent to the defendant before 1 October 2023.
Contact: Lewis Thompson
Related item: Watch this space: fixed recoverable costs are coming
Next steps in the world of civil costs
On 10 May 2023, the Civil Justice Council (CJC) Costs Working Group published its final “holistic look at costs” report and recommendations, offering an insight into the likely direction of travel for costs in civil claims on four key areas:
- Costs budgeting.
- Guideline hourly rates.
- Pre-action protocols and the digital justice system.
- Wider consequences of extending fixed recoverable costs.
Moving forwards, the CJC Working Group recommends a “one size does not fit all” approach, with initial piloting of any major changes before a wider rollout.
Contacts: Lewis Thompson and Daniel Carnall
Related item: Civil Justice Council publishes its final report on costs
UK Government publishes its response to the Independent Inquiry into Child Sexual Abuse
On 22 May 2023, the UK Government published its response to the Final Report of the Independent Inquiry into Child Sexual Abuse (IICSA) in which it states it accepts the need to act on 19 of the 20 recommendations.
The Final Report of IICSA was published on 20 October 2022 following a seven year investigation into the extent to which institutions across England & Wales failed in their duty of care to protect and safeguard children from sexual exploitation and abuse. The findings were shocking, revealing systemic rape, sexual assault, brutalisation and trauma over decades.
In response, the Home Secretary has made it clear that stopping child sexual abuse is everyone’s responsibility. She has made three key pledges: 1) a redress scheme and therapeutic support; 2) mandatory reporting; and 3) the establishment of a Child Protection Ministerial Group. The remaining recommendations are either already or will be subject to consultation. The call for evidence about the proposed mandatory reporting requirement closes on 14 August 2023 which will precede a further three month consultation period before the UK Government reports again.
Contacts: Helen Snowball and Andrea Ward
Related item: Independent Inquiry into Child Sexual Abuse - the Government’s response
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