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PI Brief Update

Editorial: Civil Procedure Wish List - Aidan Ellis, Temple Garden Chambers

29/06/17. If you could change any of the Civil Procedure Rules, which ones would you amend (or remove altogether)? I’m sure many readers will have their own suggestions for relatively minor tweaks which could enhance the clarity or fairness of the Rules. Here are two of my suggestions, prompted by situations that arise relatively frequently in civil litigation.

First, it has always struck me as odd that where a Claimant applies to add a new defendant or substitute a new defendant for the existing defendant pursuant to CPR 19.4 or 19.5, the rules do not require the proposed defendant to be given notice of the hearing or to be given the chance to make representations (of course some litigants / court sensibly do this anyway). Formally, the proposed defendant is not a party to proceedings until...

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All information on this site was believed to be correct by the relevant authors at the time of writing. All content is for information purposes only and is not intended as legal advice. No liability is accepted by either the publisher or the author(s) for any errors or omissions (whether negligent or not) that it may contain. 

The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.