The 44th update to the CPR brings a number of changes. All but one come into force on Good Friday, giving litigants and their lawyers a chance to digest them (along with their chocolate) over the Easter break.

The Changes to Part 14 (Admissions) and Part 36 (Offers to Settle) are considered elsewhere in this bulletin. Changes have also been made to fatal accident claims with new Rule 41.3.A. Where a case includes claims under both the Fatal Accident Act 1976 and the Law Reform (Miscellaneous Provisions) Act 1934, the Court will apportion the damages between the different claims and/or between the various Claimants, rather than making a global award.

There are also changes to Practice Direction 8, which overhauls the procedure for making Part 8 claims. The Practice Direction is lengthy, but in brief it clarifies the situations in which the alternative claims procedure should be used. Guidance is given as to the “nuts and bolts” of using the Part 8 procedure, including case management, evidence and hearings.

Basically, Part 8 claims should be limited to cases that are unlikely to involve substantial factual dispute, and to claims that are specifically listed in the Practice Directions, ie patient/infant settlement hearings or claims for provisional damages.

Practice Direction 23 deals with telephone hearings and confirms the substantial shift away from “face to face” litigation. Telephone hearings are to become standard for all allocation and listing hearings as well as for applications, CMCs and PTRs of less than one hour. The new standard will lead to considerable time and cost savings.

For further information, please don't hesitate to contact me.