The report, launched this week,
was prompted by specific recommendations made by the Independent Inquiry into
Child Sexual Abuse. However, the CJC considers issues arising in all types of
litigation.
Difficulties faced by court
users include intimidation from more powerful parties, fear of reprisal in
anti-social behaviour cases, and confusion or lack of understanding through not
being able to understand the language or terminology used in court.
There are currently no specific
rules in the Civil Procedure Rules (CPR) relating to vulnerable witnesses and
parties, although it allows the use of many of the protections used by the
criminal and family courts.
The CJC recommends amending the
CPR to ensure all parties can effectively participate; amending the request
information regarding vulnerable parties; training judges on vulnerability
issues; producing guidance for intermediaries; preparing operational protocols;
training staff on vulnerability issues; and considering guidance and training
on compensation orders.
Responses to the consultation
report, ‘Vulnerable witnesses and parties within civil proceedings’, should be
made by 11 October 2019.
