2021 in Review: Developments in Civil Litigation

As the year draws to a close, LPC Law takes the opportunity to review some highlights of key developments in the area of civil litigation and procedure.

  • A greater divergence in approaches to repossessions emerged between England and Wales, as covered in February,  June and again in July. Whilst notice periods are now back at pre-Covid levels in England (for instance, 14 days for a Ground 8 arrears claim), the notice period for s8 notices in Wales continues to be 6 months until at least 24 March 2022.

  • Whiplash Reforms came into effect on 31 May. Amongst the changes whiplash injuries of up to 2 years’ duration arising from road accidents occurring on/after that date are subject to a tariff. A new procedural regime applies to low-value personal injury RTA claims, which are allocated to the Small Claims Track if the Claimant is an adult injured in a road accident with a value of claim up to £5000.

  • The Court of Appeal allowed an appeal (Satyam Enterprises Ltd v Burton & Anor [2021] EWCA Civ 287) based on a Judge at first instance having decided a case based on un-pleaded and unargued points. This ‘impermissible’ approach was covered here alongside consideration of a County Court appeal overturning a first-instance decision in a parking claim which again was based on points not put in issue by the parties, but raised by the Judge of their own accord at the hearing.

  • Both the Guideline Hourly Rates and Civil Court Fees were increased in the Autumn (the Rates with effect from 1 October and Civil Court Fees from 30 September).

  • 1 November 2021 saw the end of the model of Review Dates followed by Substantive Hearings for possession proceedings. The Overall Arrangements for Possession Proceedings in England and Wales guided the resumption of possession proceedings in September 2020. Each area’s Designated Civil Judge now determines the possession listing practices in their region. Whilst the overall picture of the impact is still emerging, more claims are being listed for Substantive Hearing sooner after they are issued than they were previously.

  • The re-think of the Pre-Action Protocols continues, with the consultation now extended until 10am Friday 21 January 2022.

Cookie Policy
This site uses cookies to improve the overall user experience. Cookie Policy