Keeping The Woolf From Your Door - Part 1

An Article On The New Civil Procedure Rules
The new civil procedure rules are the first major overhaul of civil procedure for over a decade and are set to change the way in which lawyers and Judges handle cases. Below we look at some of the changes which are set to take place:

Commencement Date
The new civil procedure rules came in to force on the 26th of April 1999.

Types of Cases Affected
Not all civil cases are affected by the changes but personal injury, medical negligence, consumer, debt actions and contract cases will be. Cases which are excluded include family cases, insolvency, mental health proceedings, non-contentious probate proceedings.

New Rules
The new Civil Procedure Rules supplement the exisiting rules.

Transitional Period
All undefended cases which started before the 26th of April 1999 will continue under the old rules and procedures. For defended cases started before 26th April 1999 where any new step is to be taken in those proceedings after the 26th of April then it should be taken under the new rules.

Any court timetable (Directions) given before the 26th of April will continue to apply including Automatic Directions (except that a case will no longer be struck out if it is not set down for trial within 6 or 15 months).

When a matter comes before a Judge he or she will decide how the civil procedure rules are to apply to the case.

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