Overview

This webinar explores the concept of vulnerability in civil litigation and its practical impact on claims involving vulnerable parties or witnesses. It will examine how vulnerability is defined under the Civil Procedure Rules (CPR), the courts’ general approach, and the ways in which vulnerability should be identified and addressed at every stage of proceedings.

From pre-issue considerations through to trial preparation, the session will provide practical guidance on managing vulnerability in key procedural documents, ensuring appropriate adjustments are sought, and understanding the importance of ground rules hearings. The webinar will also consider the broader and “pervasive” role of vulnerability within the overriding objective, as well as the challenges it presents in both fixed and non-fixed costs cases. Finally, it will review recent case law developments shaping this evolving area.

Learning Objectives

By the end of this webinar, participants will be able to:

• Define vulnerability within the meaning of the CPR

• Understand the courts’ general approach to vulnerable parties and witnesses

• Identify indicators of potential vulnerability at an early stage of a claim

• Implement practical steps to address vulnerability at the outset of proceedings, for both claimants and defendants

• Address vulnerability appropriately in procedural documents, including:

  • Claim Forms

  • Directions Questionnaires

  • Listing Questionnaires

  • Application Notices

• Recognise the importance of ground rules hearings and pre-trial case management in cases involving vulnerability

• Explain how vulnerability interacts with the overriding objective, including fairness and access to justice

• Assess the impact of vulnerability on proportionality and costs, particularly in non-fixed costs cases

• Evaluate the challenges posed by vulnerability in fixed costs regimes

• Apply recent case law developments to practical litigation scenarios