Civil Procedure Rules

The Civil Procedure Rules (CPR) form a procedural framework governing civil litigation, aiding courts in handling civil cases fairly. Enacted through the Civil Procedure Act 1997, they became effective in 1999 and are applied by the Court of Appeal, High Court of Justice, and County Courts across England and Wales.

Additionally, there are criminal procedure rules and family procedure rules.

Replacing the former rules of the Supreme Court and County Court Rules, the CPR aimed to enhance access to justice by expediting proceedings, reducing costs, and enhancing comprehensibility for lay individuals.

Comprising 74 parts, each containing multiple rules, the CPR is complemented by practice directions specific to each part.

As per Part 1 Rule 1, the court’s overriding objective is to administer cases justly, ensuring equity among disputing parties and equitable handling of the case. Parties are obligated to assist the court in achieving this objective.

Civil cases may be adjudicated in one of the following courts:

1. Small claims track: reserved for claims valued at £10,000 or less, small claims proceedings are informal, and rigid evidence rules do not apply. Claims under this category encompass various issues such as poor workmanship, personal injury, non-supply of goods, property damage, and landlord-tenant disputes.
2. Fast track: Designed for claims valued between £10,000 and £25,000, fast track cases are resolved through trials lasting no longer than a day. Typical claims allocated to this track include those seeking orders for landlords to undertake repairs or other premises-related work.
3. Multi-track: Catering to claims exceeding £25,000 in value, multi-track cases may also be assigned for matters involving intricate legal or evidentiary aspects, regardless of the monetary value.

Proceedings

The court issues a claim form at the request of the claimant to initiate proceedings against the defendant. This form must include a statement of the claim, the particulars of the claim, and the remedy sought, whether monetary or otherwise. The claim form must be served on the defendant within 4 months of the issue arising (which can be extended to 6 months for service to a foreign jurisdiction).

Upon receiving the particulars of the claim form, the defendant has 14 days to respond in one of the following ways:

1. File an acknowledgement of service.
2. File or serve an admission.
3. File a defence. Failure to respond in any of these ways may result in a judgement of default against the defendant.

If an acknowledgement of service is filed, the defendant must indicate which allegations are admitted, which cannot be admitted, and which are denied. Additionally, a statement of truth must verify the defence. As per CPR Part 20, the defendant also has the option to issue a counterclaim.

The court begins active management of the case as soon as the defence is filed.

Pre-action protocols

Pre-action protocols, included in the annexes of the CPR, outline the conduct and steps parties should take before initiating civil claims proceedings.

The primary goal of pre-action protocols is to foster early resolution of disputes without court involvement, thereby saving time and costs for both parties. Through early exchange of information, parties can gain a clearer understanding of the dispute’s implications. The court expects parties to exchange sufficient information to achieve the following:

1. Understand each other’s positions.
2. Make decisions on how to proceed.
3. Attempt a settlement without resorting to proceedings.
4. Consider Alternative Dispute Resolution (ADR) options.
5. Reduce the costs of dispute resolution.

Pre-action protocols specific to the built environment include:

1. Construction and engineering disputes: This protocol covers all construction and engineering disputes, including professional negligence claims against architects, engineers, and quantity surveyors.
2. Housing disrepair cases: applicable to residential properties, this protocol addresses claims by tenants and others regarding housing disrepair. Tenants must notify landlords of disrepair before utilising the protocol, intended for unresolved cases.
3. Possession claims based on mortgage or home purchase plan arrears: This protocol ensures a fair and reasonable resolution of disputes between lenders and borrowers regarding mortgage or home purchase plan arrears.
4. Possession claims by social landlords: Applied to residential possession claims by social landlords and private registered providers of social housing, covering rent arrears or limited court discretion under the Housing Act 1980.
5. Claims for damages related to commercial property’s physical state at tenancy termination: Also known as the ‘Dilapidations Protocol,’ it addresses claims for dilapidations against commercial property tenants, with specifics dependent on lease contractual terms.