By Pete Allchorne, Jo Folan, Steph Welsher and Jade Batstone
|Published 19 May 2026
In June 2022, a pilot scheme commenced in six court centres across England & Wales (pilot practice direction PD51ZC) to test the effectiveness of determining small claims on paper, without a hearing.
An evaluation of the pilot scheme was carried out and the Civil Procedure Rules Committee (CPRC) considers that there was utility in the principle tested within the pilot.
A consultation has now been commenced on proposed substantive amendments to the Civil Procedure Rules (CPR) which will enable a judge, should it be considered appropriate, to give directions for a matter to be determined on the papers without the consent of all the parties. The proposals also includes making permanent the temporary changes to the Directions Questionnaire (form N180).
The consultation also proposes the introduction of a structured process for determination of a matter on the papers which include giving notice of a decision date, timetables for filing documents and the ability for parties to raise objections, which the judge must consider.
The CPRC has also taken the opportunity to make some other changes to CPR Rule 27 and Practice Direction 27A to update terminology in the interests of usability, simplicity, clarity and gender neutrality and to delete outdated references.
Details of the consultation can be accessed here.
Of the cases determined on the papers under the pilot scheme, approximately 86% have been either airline or parking related matters, both of which are frequently straightforward matters. The extent to which more complex cases can be determined effectively without a hearing remains to be seen.
While the proposed changes may result in reduced waiting times for hearings and faster decisions, it may also result in an increase in requests for permission to appeal, where a party - denied their day in court - seeks to argue that the judge erred in fact or law.
We will be responding to the consultation and clients are invited to provide us with any views they may have on the proposals by 8 June 2026 so that we can take them into account in formulating our response.
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