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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.’

MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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