Guidance

Parole Board Litigation Strategy: for legal practitioners

A guide for legal practitioners about how the Parole Board handles litigation and the way it deals with judicial reviews.

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During the first quarter of 2015, the Parole Board (the “Board”) received 85 pre-action Article 5(4) claims. This exceeds the total number of pre-action Article 5(4) claims received during the whole of the financial year 2014/2015. In light of this significant increase in the volume of claims, the Board has undertaken a review of its litigation strategy to ensure that it is able to continue to deliver best value by optimum use of the resources available to it.

From 2 September 2015, the Board will not make pre-action settlement offers pursuant to Part 36 of the Civil Procedure Rules (“Part 36 CPR”). This therefore means that the Board will no longer routinely agree to pay a claimant’s legal costs as part of the settlement of pre-action Article 5(4) claims. The Board’s Litigation Strategy, which has been in place since 1 April 2013, has been updated to reflect the change outlined above.

Pre-action Article 5(4) claims will therefore be dealt with as follows:

  1. All pre-action Article 5(4) claims which the Board has provided a substantive response to by 1 September 2015 will be dealt with under the current Litigation Strategy dated 1 April 2013, as amended in December 2014.

  2. All pre-action Article 5(4) claims which the Board has not provided a substantive response to by 1 September 2015 will be dealt with under the revised Litigation Strategy dated 1 April 2013, as amended in December 2014 and August 2015 (the “Revised Strategy”)

  3. All pre-action Article 5(4) claims which are received on or after 2 September 2015 will be dealt with under the Revised Strategy.

The Board will continue to prioritise the handling of all pre-action Article 5(4) claims based on the date of receipt of the letter of claim by the Board.

The revised litigation strategy can be found here:

Revised Litigation Strategy - August 2015

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