Litigation: Changes to the CPR 6.4.21: Overriding Objective, Service, Part 36 Offers, Foreign Judgments

Practice Direction Update 127 publicised by the MOJ on 11th Feb and coming into force on 6th April 2021. There are changes to:

  • the Overriding Objective (emphasising that dealing with a case 'justly' includes facilitating vulnerable people to be able to give their best evidence and making the costs of doing so recoverable);
  • service of a claim form outside the UK so that permission to serve the claim form is not required in cross border civil and commercial cases where an applicant is seeking to rely upon the ‘Choice of Court Agreements’;
  • clarifying the rules around Part 36 Offers, namely that they 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;
  • Evidence - CPR 32.12 preventing collateral use of witness statements outside the proceedings in which they are served, extended to apply also to collateral use of affidavits;
  • Part 70 is amended to fill a gap in relation to foreign judgments not requiring registration in order to be enforceable (now including those from EU states) - such now to be treated as for enforcement purposes as if it were a judgment of the High Court or County Court.

There are other provisions. For the Practice Direction Update Summary follow this link:

For a pdf of the full Practice Direction Amendments click here:

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