Insights

April 2017

On 22 March 2017, the final version of the Pre-Action Protocol for Debt Claims (the Protocol), to be annexed to the Civil Procedure Rules of England & Wales was published, with an implementation date of 1 October 2017.

The Protocol will apply to all civil court claims by a ‘business’ seeking payment of a debt from an ‘individual’ (including sole traders), unless the claim is of a type already covered by another Pre-Action Protocol (such as the mortgage possession claims PAP). 

January 2017

Stakeholders in the unsecured lending sector may find the parliamentary debate instigated by Chris Evans MP, which took place before Christmas of some interest.  The debate deals with perceived issues surrounding the methods of service of civil legal proceedings on individuals currently used in the England & Wales jurisdiction.

November 2016

On 28 November 2016 a new Simple Procedure will be introduced in Scotland as part of the ongoing civil courts reform.  The rules will apply to many low value claims up to £5,000 and will replace the existing Small Claims and Summary Cause processes in that respect.

November 2016

A recent decision made by the Court of Appeal in the case of Cardiff County Council v Lee (Flowers) has immediate consequences on the process claimants need to follow before issuing a warrant of possession where the possession order was made on suspended terms. 

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