CPR changes—April 2009

Costs capping orders
Practice direction—Pre-action conduct

Last year, the Civil Justice Council (CJC) consulted for the second time on the introduction of a general pre-action protocol for claims not covered by one of the existing specialist protocols. As a result of the responses received, the CJC guarded against the introduction of a general pre-action protocol but proposed that further information be provided on pre-action behaviour and that there be greater clarity around the enforcement of protocols. The result is this new practice direction on pre-action conduct.

This new practice direction seeks to aid parties in settling claims so that proceedings do not have to be issued and to assist in the efficient management of the claim, if proceedings cannot be avoided. It does this by encouraging early exchange of information and the consideration of ADR.

Provisions relating to the court's case management powers have been amended so that it is now mandatory for the court to take into