On 1 April 2013 the Civil Procedure Rules underwent the most radical overhaul since their implementation in 2000.  The 60th Update to the CPR implemented many of the reforms proposed by Lord Justice Jackson’s Review of Litigation Funding.

Civil Court Service (the Brown Book) guides you through the new rules, which are likely to have a profound impact on costs and funding case management and evidence.

The Brown Book 2013 includes.

• An amendment to the Overriding Objective so that cases must be dealt with ‘justly and at proportionate cost’.
• The Small Claims Track (Pt 27) limit is raised from £5,000 to £10,000.
• Recoverable success fees and ATE insurance premiums are abolished.  The abolition of recoverability of success fees is offset by a 10% increase in general damages, and Part 36 is amended to allow for a 10% increase on total damages in favour of the claimant who beats or equals his own Part 36 Offer.
• Introduction of Damages Based Agreements or DBAs, so that a solicitor will be able to agree with a client to take a percentage of any damages recovered, with the amount being capped at 25% for personal injury cases, 35% for employment and 50% for everything else. Costs recovered from the other side will not exceed the amount payable under the DBA.
• Costs budgeting will apply to multi-track cases, with new traps for the unwary, such as failing to file a budget when required will be treated as having filed a budget comprising court fees only, and failing to revise your budget when necessary will risk being unable to include those costs before the date of the budget.  The rules are supported by an amendment to CPR 44 which now states that ‘Costs which are disproportionate … may be disallowed or reduced even if they were reasonably or necessarily incurred.’
• The relief from sanctions checklist (CPR 3.9(1)) is abolished and in its place is a requirement to conduct litigation efficiently and at a proportionate cost, and to enforce compliance with the rules, PDs and orders.
  

The Brown Book 2013 contains a table of derivation and destination to assist in cross-referring between new rules and guidance on complicated transitional arrangements.

Editor-In-Chief
The Right Honourable Lord Justice Laws

Founding Editors
Richard Stevens OBE Former District Judge
Bill Vincent OBE Former District Judge

General Editor
District Judge Neil Hickman Milton Keynes County Court

Contributors
District Judge Michael Anson Preston Combined Court Centre
Jeremy Clarke-Williams Solicitor
Richard Davis Barrister
District Judge Stephen Gerlis Recorder, Former District Judge, Barnet County Court
His Honour Judge Allan Gore QC Liverpool County Court
Rachel Logan Barrister
Robert Marven Barrister
His Honour Judge Abbas Mithani QC East Midlands Group of Courts
Alison Oakes Barrister
Alan Owens Solicitor
District Judge Tim Parker Slough County Court
District Judge Richard Pates Crewe County Court
District Judge Graeme Smith Manchester County Court
District Judge Monty Trent The Mayor’s and City of London Court
District Judge Michael Walker CBE Wandsworth County Court
L J West-Knights QC
Katrina Yates Barrister

"Essential for civil practitioners: A concise and reliable guide to a wide range of civil litigation problems...for civil practitioners or anyone participating professionally in the civil justice system Civil COurt Practice 2012 is an indispensable guide to litigation governed by the Civil Procedure rules, the Practice Directions and Pre-Action Protocols....this guide is economical, concise, readable and simple to use, yet at the same time packed with all pertinent details, inculding extensive footnotes and annotations....continues to offer detailed procedural guidance from a distinguished team of prominent judges and leading practitioners and should prove invaluable to anyone involved in cicil litigation....particularly useful for the general civil litigator, especially in the county court....useful and easily navigable....a free CD ROM inculdes the enitre text of the book, plus a number of forms you can complete on-screen....this is a brilliant shorter resource and certainly value for money." for the full review click here
Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

Reviews from Previous editions

"... by far the easiest of the civil court books to work with quickly; it is well laid out and has everything I need in one volume. The procedural guides and annotations are just about right and avoid prolixity."
District Judge George Cawood, Portsmouth County Court

"a very impressive and comprehensive service ... easy to navigate"
William Batstone, Barrister, Guildhall Chambers, Bristol

"very easy to use ... a vital aid"
APIL Newsletter

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Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers

"Civil Court Service 2010 has been called the natural choice for the general civil litigator, especially in the County Court"
The Pears - Worcestershire Law Society

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