Contents

Chapter 8
Crown Civil Proceedings Bill and commentary

Introduction

8.1Below we set out clauses of a draft Crown Civil Proceedings Bill together with commentary explaining the background to the proposed approach of each clause, where it is helpful to do so.

8.2The Bill is divided into three parts:

8.3Clauses of the Bill have been drafted to cover most of our proposals. However, in some instances, where we have not yet determined a policy preference, we present alternative clauses as options. Furthermore, in relation to a couple of issues, no draft is included because we are some way from determining the approach to be taken and we consider that attempting to formulate a draft clause in those circumstances would detract from consideration of the issues.

8.4We also discuss some provisions of the current Crown Proceedings Act 1950 that we propose not to continue in new legislation and the reasons for this.

8.5The Bill is a work in progress and is intended for the purpose of eliciting constructive feedback. Accordingly, we welcome comment on any clause or aspect of the draft Bill.