Chapter

Some Thoughts on the First Seven and a Half Years of the CPR

Henry Brooke

in The Civil Procedure Rules Ten Years On

Published in print December 2009 | ISBN: 9780199576883
Published online March 2012 | e-ISBN: 9780191702228 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199576883.003.0024
Some Thoughts on the First Seven and a Half Years of the CPR

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This chapter considers Sir Henry Brooke's experiences during the time when he was playing a leading role in interpreting the Civil Procedure Rules (CPR) in the Court of Appeal between 2000 and 2006. It presents what he sees as being the role of the appellate courts under the CPR, and the limited role that should be played by the House of Lords. It also considers the relationship between the Court of Appeal and the Civil Procedure Rule Committee (CPRC) in developing the law on civil procedure, the extent to which the Court of Appeal's procedural decisions should have precedential value, and the extent to which the overriding objective gives ‘trial judges’ a wide discretion to interpret the other rules, effectively freeing them from precedent and from appellate review.

Keywords: Henry Brooke; Civil Procedure Rules; CPR; House of Lords; Court of Appeal; Civil Procedure Rule Committee; CPRC; civil procedure

Chapter.  4947 words. 

Subjects: Constitutional and Administrative Law

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