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.
