Sensible amendment to Proportionality

The CPRC have accepted recommendations from the Civil Justice Council to incorporate vulnerability as a factor when considering proportionality.

It is well known that time required with vulnerable clients can be far greater, previously, Defendant's would argue and would often be successful, that this extra time was disproportionate to the proceedings, this is now not the case and the CPRC have agreed with this.

The proposed amendment will be to CPR r44.3(5) which will provide that costs incurred are proportionate if they bear a reasonable relationship to "any additional work generated or expense incurred due to the vulnerability of any party or any witness".

Good news and a long time coming!