Category: Civil & Commercial Litigation

Civil Procedure Rules at 20 is a collection of presentations and papers to mark the twentieth anniversary of the Civil Procedure Rules 1998 (or the CPR as they are simply known now) coming into force. Many of these were delivered orally at the ‘CPR at 20 Conference’ at the Bonavero Institute of Human Rights, held at Mansfield College, Oxford, in 2019. The presentations and papers have been edited and extended to provide a permanent record available to a wider audience. Civil Procedure Rules at 20 therefore provides a fascinating insight for any commercial or civil litigator.

As a bright-eyed work experience student at a small firm of solicitors back in late 1998, I remember attending a training session on the (then) forthcoming Civil Procedure Rules 1998 (often called the ‘Woolf Reforms’). One of the senior partners, with a broad Yorkshire accent, had more than a fair amount of cynicism that CPR would achieve its ambitious aims. It is perhaps safe to say that the CPR removed a lot of old-fashioned language but, somewhat unfortunately, the CPR have grown year on year meaning the biggest criticism of the CPR is the sheer volume of rules and practice directions for litigants to master (and both The White Book and The Green Book come in two very heavy tomes).

But what is fascinating to read in the Civil Procedure Rules at 20 is the various views on the CPR, their effectiveness and their future. There are a number of captivating chapters including a chapter on the practitioners’ perspective: this canvassed the views from partners at Herbert Smith Freehills’ Disputes team. It is interesting to see how many of their experiences are similar to my own, but there are some marked differences. There is also delightful chapter on limitation periods and class actions: raising many of the challenges around class actions and the impact for participants who are not part of the class. There are also a number of chapters from current and former members of the judiciary; it is never a bad idea to see how a judge’s mind works so these are a wonderful inclusion.

Any civil or commercial litigator needs to understand the CPR, what it requires and where it may go in the future. Andrew Higgins’ superbly edited Civil Procedure Rules at 20 will be of considerable interest to any practitioner. I have found it both thought-provoking and a book that made me reflect upon my own bad practice – no bad thing at all. I therefore wholeheartedly commend Civil Procedure Rules at 20. At only £80 at the time of this review, it is a book which should appear on any serious litigator’s bookshelf.

Reviewed on 22 February 2021