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29 August 2023
Issue: 8038 / Categories: Legal News , Procedure & practice , Technology , Legal services
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Civil Justice Council reports on pre-action protocols

The Civil Justice Council (CJC) published part one of its final report on pre-action protocols last week.

The CJC pre-action protocols working group, chaired by Professor Andrew Higgins, began work in late 2020. The report discusses the potential for digital pre-action portals to make dispute resolution more accessible and efficient, as well as examining the risks involved.

It recommends compliance be made formally mandatory, except where cases are urgent: for example, where the limitation period is expiring or an urgent injunction is sought. Online pre-action portals ‘should be accessible and workable for both professional court users and litigants in person, and digital assistance or paper-based alternatives must be available for litigants in person who are technologically disadvantaged’.

Special provision is made for vulnerable parties—all online pre-action portals should include a question asking parties about their vulnerability, so that extra support can be provided.

Sir Geoffrey Vos, Master of the Rolls and CJC chair, said: ‘Pre-action protocols are an essential part of the wider pre-action civil justice system.’

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NEWS
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
The long-running Mazur saga edged towards its finale as the Court of Appeal heard arguments on whether non-solicitors can ‘conduct litigation’. Writing in NLJ this week, Professor Dominic Regan of City Law School reports from a packed courtroom where 16 wigs watched Nick Bacon KC argue that Mr Justice Sheldon had failed to distinguish between ‘tasks and responsibilities’

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
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