
On April 1, 2013, the UK's Civil Procedure Rules (CPR) will undergo the most radical overhaul since their implementation in 2000. The 60th update to the CPR will implement many of the UK reforms proposed by Lord Justice Jackson's Review of Litigation Funding. Civil Court Service (the Brown Book) assists in guiding readers through the new rules, which are likely to have a profound impact on costs and funding case management and evidence. The 2013 edition is published to coincide with the coming into force of these changes. It contains a table of derivation and destination to assist in cross-referring between new rules and guidance on complicated transitional arrangements. Contents include: * an amendment to the Overriding Objective, so that cases must be dealt with 'justly and at proportionate cost' * the Small Claims Track (Pt 27) limit is raised from £5,000 to £10,000 * recoverable success fees and ATE insurance premiums are abolished. The abolition of recoverability of success fees is offset by a 10% increase in general damages, and Part 36 is amended to allow for a 10% increase on total damages in favor of the claimant who beats or equals his own Part 36 Offer * an introduction of Damages Based Agreements or DBAs, so that a solicitor will be able to agree with a client to take a percentage of any damages recovered, with the amount being capped at 25% for personal injury cases, 35% for employment, and 50% for everything else. Costs recovered from the other side will not exceed the amount payable under the DBA * costs budgeting will apply to multi-track cases, with new traps for the unwary, such as failing to file a budget when required will be treated as having filed a budget comprising court fees only, and failing to revise your budget when necessary will risk being unable to include those costs before the date of the budget. The rules are supported by an amendment to CPR 44, which now states that 'Costs which are disproportionate...may be disallowed or reduced e
Page Count:
1
Publication Date:
2013-03-31
ISBN-10:
1846616263
ISBN-13:
9781846616266
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