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ARTICLE · 07 SEPTEMBER 2023

The Civil Justice Council Publishes Final Report On Pre-Action Protocols

Weightmans LLP
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In a comprehensive report published on 21 August 2023, the Civil Justice Council (CJC) Working Group sets out its final conclusions and recommendations of its review of existing Pre-Action Protocols (PAP's).

United KingdomLitigation, Mediation & Arbitration
Jim Byard
Jim Byard

We summarise the main recommendations and discuss the implications for practitioners.

In a comprehensive report published on 21 August 2023, the Civil Justice Council (CJC) Working Group sets out its final conclusions and recommendations of its review of existing Pre-Action Protocols (PAP's).

The review initially commenced in late 2020, with the interim report published in November 2021 and the consultation process closing in January 2022.

The main recommendations

  • The creation of a new General PAP to replace the existing Practice Direction Pre-Action Conduct (PDPAC).
  • The creation of a PAP for lower value claims worth £500 or less.
  • The overriding objective (CPR 1) and individual PAP's to be amended and to reference both the need for compliance with PAP's and the obligation for the parties to co-operate.

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