Kerry Underwood

COURTS MUST NOT CONSIDER JACKSON REFORMS ETC. SAYS COURT OF APPEAL

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The matters dealt with in this piece are examined in great detail in my three volume, 1,300 page book Personal Injury Small Claims, Portals and Fixed Costs – price £50 and available from Underwoods Solicitors here.

Kerry Underwood offers consultancy services in relation to this and other matters and details are here.

 

It has become very common indeed, almost standard practice, for courts to refer to Lord Justice Jackson’s Report and his reforms, as well as other extraneous material, when interpreting the Civil Procedure Rules.

In

Campaign to Protect Rural England – Kent Branch v Secretary of State for Communities and Local Government and another [2019] EWCA Civ 1230 (15 July 2019)

the Court of Appeal strongly disapproved of this practice and said that it was wrong to introduce material surrounding the introduction of a new part of the Civil Procedure Rules:

“That is not good practice. The Rules say what they say and will be interpreted accordingly.”

Quite right too.

Parliamentary material can only be referred to in rare circumstances – see Pepper (Inspector of Taxes) v Hart [1992] UKHL 3  – and yet courts merrily refer to, and quote from, various reports, but especially Lord Justice Jackson’s Report.

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Written by kerryunderwood

August 5, 2019 at 9:22 am

Posted in Uncategorized

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