The changes, introduced under the Civil Procedure (Amendment) Rules 2021, come into force on 6 April 2021.
They clarify that ‘following inconsistencies in case law’, and particularly for litigants in person, an offer to settle (a Part 36 offer) can include accruals of interest but ‘where it is silent on this point, the presumption will be that the offer is inclusive of all interest’, according to the announcement.
On vulnerable witnesses, the reforms clarify that dealing with a case justly includes ensuring that the parties can participate fully, and that parties and witnesses can give their best evidence. It deals with the costs provision for additional work or expense incurred due to the vulnerability of a party or witness. This implements the February 2020 recommendations of the Civil Justice Council, in its report ‘Vulnerable witnesses and parties’, which called for rule changes to ensure all civil judges, parties and advocates consider the vulnerability of people involved in civil proceedings.
Currently, the rules prevent collateral use of witness statements outside the proceedings in which they are served. The reforms extend this rule to affidavits as well as witness statements. This implements the decision in Official Receiver v Skeene [2020] EWHC 1252 (Ch), where the court gave guidance on whether there is an implied undertaking that affidavits filed in previous proceedings will not be disclosed without the court’s permission.
Another amendment clarifies that foreign judgments not requiring registration in order to be enforceable are to be treated, for enforcement purposes, as if they were judgments of the High Court or county court. These will include judgments from EU member states for an extended period, as a result of provisions in the Withdrawal Agreement.
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