Following the publication of the June Civil Procedure Rule Committee minutes, the main takeaways are as follows:
- Clinical Negligence Fixed Costs Proposals Under £25,000: There was no discussion regarding the proposals for clinical negligence fixed costs under £25,000. According to the May meeting minutes, if amendments could not be finalised at the June 2024 meeting, the next mainstream CPR update cycle would see the scheme coming into force in April 2025. The absence of discussions in the June 2024 minutes suggests that the implementation may indeed be delayed until April 2025.
- Fixed Costs Determination Procedure: The new Fixed Costs Determination Procedure is intended for inclusion in the next update cycle. However, this is likely to be delayed due to the new Parliamentary timetable. The proposal is for a simplified assessment process to resolve any disputes over applicable fixed costs.
- Costs Budgeting Light Scheme: Discussions focused on the CJC Report’s recommendation for a more flexible approach to costs budgeting, with additional recommendations to be considered in due course. The sub-Committee has prepared a new draft Practice Direction (PD) which includes claims with a value over £10m unless the court opts to exclude them. Currently, the rules exclude such claims unless the court opts to include them. Claims brought by or on behalf of children, and those involving litigants in person (LIPs), are excluded unless the court otherwise orders. The draft PD provides for five categories of cases:
- Business & Property Courts (BPC) claims with a value of £1m or more.
- BPC claims with a value of less than £1m.
- QOCS (Qualified One-Way Costs Shifting) claims.
- Non-QOCS claims.
- Certain other non-BPC claims.
Additionally, a new precedent costs form, modelled on the existing Precedent H form, was proposed. The ensuing discussion raised several points regarding the scope and application, particularly for non-QOCS matters and their evaluation.
Updates will follow as they become available.
Related People
