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Article 20/06/2022
The UK Government is proposing changes to the Qualified One-way Costs Shifting (QOCS) regime to ensure the extension of fixed recoverable costs (FRC) does not exacerbate existing issues with QOCS flowing from recent case law.
Article 01/06/2022
On 31 May 2022, HM Courts and Tribunals Service confirmed that changes to the Civil Procedure Rules requiring defendant legal representatives to use the Damages Claims Portal from 2 June 2022 has been postponed.
Article 08/04/2022
On 29 March 2022, the Ministry of Justice (MoJ) published its summary of responses to Dispute resolution in England and Wales: call for evidence, which sought insights on how disputes might be best settled out of court. In this article, we explore a number of interesting themes arising out of the report.
Article 08/04/2022
In May 2021, HM Courts & Tribunals Service (HMCTS) launched a Damages Claims Portal pilot scheme (DCP), a digital scheme for the issuing and initial progression of litigation in certain claims. On 4 April 2022, the DCP became mandatory for all claimant legal representatives dealing with claims in the County Court which come within the scope of PD 51ZB. The DCP is set to become mandatory for defendants from 2 June 2022.
Article 03/03/2022
The Scottish Law Commission's 'Discussion Paper on Damages for Personal Injury' has been published and is open for comments until 15 June 2022.
Article 23/02/2022
The UK Government has published a consultation, ‘Human Rights Act Reform: a Modern Bill of Rights’, that makes far-reaching proposals for new legislation which aims to strike a proper balance between individuals’ rights, personal responsibility and the wider public interest. The consultation has been informed by an independent report by the Panel of the Independent Human Rights Act Review.
Article 07/02/2022
On 15 November 2021, the Civil Justice Council (CJC) published an interim report for consultation on the subject of pre-action protocols (PAPs). Following the conclusion of the consultation on 21 January 2022, the CJC Working Group will draft a final report for consideration by the Civil Justice Council, likely in the Spring of 2022.
Article 04/02/2022
Having progressed through what has seemed like more stages than are encountered by a participant in the Tour de France, the Damages (Return on Investment) Bill was given Royal Assent and enacted on 2 February 2022. Enter The Damages (Return on Investment) Act (Northern Ireland) 2022.
Article 04/11/2021
Kennedys has responded to the Ministry of Justice’s Call for Evidence on the future of dispute resolution in England and Wales, highlighting that technology has the potential to resolve disputes on a more efficient, humanised, simpler and inclusive basis.
Article 27/07/2021
The Civil Justice Council’s interim report – ‘The Resolution of Small Claims’ – was published in June 2021. The report considers the changes to the way in which small claims have been processed by the courts during the pandemic and how these adaptations could be taken forward to improve the way such claims are handled and resolved.
