James Wilson discusses some important Updates to CPR
Park Square BarristersThe 113th Update to the Civil Procedure Rules make some interesting changes to the Practice Directions. The most noteworthy are in relation to:
- Credit Hire Charges and Pleadings;
- Statements of Truth in witness statements;
- Witnesses who do not speak English
The changes come into force variously on 31 March 2020 and 06 April 2020.
The full updates are available here:
https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/update/cpr-113th-pd-update.pdf
Credit Hire and Pleadings
There are two new sub paragraphs to PD16 included which must be pleaded in the Particulars of Claim (PD16 6.3 and 6.4).
The update, effectively, requires the Claimant in a hire or credit hire claim to plead those matters which they are often ordered to include within a Reply to Defence.
It requires the pleading of ‘need’ throughout the entirety of hire; the full period of the hire claim (including dates); rate and impecuniosity.
Importantly, the Claimant must state the reasonableness of both the period and the rate of hire.
Statements of Truth
PD 22.2 has been updated with some words of caution. The words:
“I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.”
The words been included in the statements of truth for both statements of case and witness statements.
32PD20.2 has been updated to include the contempt of court warning.
Witnesses Who’s First Language is not English
There have long been issues raised as to what constitutes a CPR compliant witness statement in the circumstances where the witness does not have a full grasp of English.
The only previous guidance was 22PD.3A (Inability of persons to read or sign documents to be verified by a statement of truth) and 32PD23.2. Neither gave certainty as to how the witness statement should be taken or in which language. The 2002 High Court decision of Re: Phoneer provided further guidance but the situation was unsatisfactory. Sufficed to say, there were arguments on both sides…
The updated PDs essentially follow the guidance of HHJ Kaye QC in Re: Phoneer.
HEADLINES:
- A witness statement must be taken in the native language (32PD18.1(a) and 32PD19.1(8));
- The statement of truth must be in that language 22PD.2.4;
- The statement must state how the statement was taken (32PD18.1(5);
- The statement must be translated; that original must be signed by the interpreter (3223.2(b);
- The translation must be certified by the translator (32PD23.2);
- The statement must state the date of translation (32PD17.2(6);
22PD.3A does not relate to those who have language difficulties. The title has been updated to exclude those who cannot read by virtue of language alone.
James Wilson is an experienced personal injury practitioner. He is available for high value Fast Track and Multi-Track claims. His experience includes serious injuries arising from road traffic accidents, pubic liability and accidents at work; the latter overlaps with James’ Health and Safety and Coronial practice.
Contact James’ clerks
Francine Kirk on 0113 202 8605
Daniel Highfield on 0113 213 5207