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20 October 2011
Issue: 7486 / Categories: Features , Civil way , Procedure & practice , CPR
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Civil way: 21 October 2011

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The 57th CPR update was effective (well, almost all of it) on 1 October 2011, incorporating the Civil Procedure (Amendment No 2) Rules 2011 (SI 2011/1979)...

VARIETY OF THE 57th

The 57th CPR update was effective (well, almost all of it) on 1 October 2011, incorporating the Civil Procedure (Amendment No 2) Rules 2011 (SI 2011/1979) (see NLJ 2 September 2011, p 1177 on the major Pt 36 Carver reversal change) and effecting PD revisions.

Litigants in the money

The hourly allowance which a successful litigant in person can recover for time reasonably spent on his case where he does not seek to prove or cannot prove financial loss (see rr 46.3(5)(b) and 48.6(4)) jumps from £9.25 to £18 under the Costs PD para 52.4. Given that he can also recover payments reasonably made by him for legal services relating to the case and other disbursements which would have been allowed if made by a legal representative, the moral is to treat him seriously as an opponent.

Small claims: bigger

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NLJ this week: CPR tweak closes third-party disclosure gap
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
NLJ this week: Court of Appeals wrestles with Mazur fallout
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’
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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

NLJ this week: Driving test fraudsters steer towards jail
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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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