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Role details

Civil Procedure Rule Committee – Legally Qualified Members PAT160087

Application deadline 5 December 2023

Summary

• Organisation: Civil Procedure Rule Committee
• Sponsor department: Ministry of Justice
• Location: London
• Sectors: Judicial, Prisons & Policing
• Skills: Judicial, Regulation
• Number of vacancies: 2
• Time commitment: Adhoc
• Length of term: 3 Years
• Application deadline: 11am on 5 December 2023

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Timeline for this appointment

1. Opening date

   6 November 2023

2. Application deadline

   11am on 5 December 2023

3. Sifting date

   10 January 2024

4. Interviews expected to end on

   28 February 2024

Timeline dates are only an estimate and can change

About the role

Introduction from the Chair

Dear Candidate,

Thank you for your interest in becoming a Legally Qualified member of the Civil Procedure Rule Committee (CPRC). The following sections below will tell you more about the CPRC’s purpose and the nature of the role of members.

The CPRC is a statutory non-departmental public body, sponsored by the Ministry of Justice, which makes rules of court for the Civil Division of the Court of Appeal, the High Court and county court.

We are looking for two Legally Qualified members with a strong independence of mind, with an interest in the broad field of law concerning civil courts and the rule making process. One must have a senior courts qualification and experience of advocacy in the higher courts (predominantly barristers) and the other must be authorised to conduct litigation in the senior courts (solicitors).

The Committee is Chaired by Lord Justice Birss as Deputy Head of Civil Justice. He chairs this Committee on behalf of the Master of the Rolls.

Our recent annual report may also be of interest on the role of the committee and what we do.

If you have further questions about these posts, please contact me at: Amrita.Dhaliwal@justice.gov.uk.  If you have questions about the appointment process, you can contact the Public Appointments Team at: PublicAppointmentsTeam@Justice.gov.uk, or call Colin Barker on 07376 212108.

If you believe you have the experience and qualities we are seeking, I hope you will consider applying for these important positions.

Amrita Dhaliwal

Head of Civil Courts and Procedure Policy, Ministry of Justice

Role description

Members of the Committee have collective responsibility for the operation of the CPRC.

They must:

• Engage fully in collective consideration of the issues, taking account of the full range of relevant factors, including any guidance issued by the Ministry of Justice or by the Lord Chancellor.
• Ensure that its responsibilities under the Freedom of Information Act (including prompt responses to public requests for information) are discharged, agree an Annual Report; and, where practicable and appropriate, hold at least one public meeting a year.
• Respond appropriately to complaints, if necessary, with reference to the Ministry of Justice. 
• Ensure that the Committee does not exceed its powers or functions.

Communications between the Committee and the Lord Chancellor will generally be through the Chair. Nevertheless, any Committee member has the right of access to Ministers on any matter which he or she believes raises important issues relating to his or her duties as a Committee member.  In such cases the agreement of other members of the Committee should normally be sought.

From time to time issues of a confidential nature may arise during Committee work. The duty of confidentiality obliges members to respect the confidentiality of such work. Confidential information that members obtain during the course of membership of the Committee must not be used for the benefit of own or others use.

Organisation description

The CPRC was set up under the Civil Procedure Act 1997 to make rules of court for the Civil Division of the Court of Appeal, the High Court and the County Court. The Civil Procedure Rules set out the practice and procedure to be followed.

In 1998, the first set of rules were made by statutory instrument by the Committee under their new power, hence the rules’ usual citation as the Civil Procedure Rules (1998). These rules came into force on 26th April 1999.

Since that time, the CPRC have made over 100 Civil Procedure Rule (amendment) statutory instruments. The CPRC also considers Practice Directions and the Pre-Action Protocols.

The CPRC must comprise the following members:

The Head of Civil Justice – The Master of the Rolls;

The Deputy Head of Civil Justice;

Two or Three Judges of the High Court;

One Circuit Judge;

One Master of the High Court;

One or Two District Judges;

Three persons who have a Senior Courts qualification (predominantly Barristers);

Three persons who have been authorised to conduct litigation in the Senior Courts (Solicitors); and

Two members with experience in and knowledge of the consumer and lay advice sector.

Day-to-day management of the Committee’s agenda and the programme of work, which springs from it, is undertaken by the Committee secretariat in close consultation with the chair of the Committee. The secretariat is part of a team of policy officials at the Ministry of Justice tasked with managing the Committee’s work.

Board composition

• The Head of Civil Justice, Master of the Rolls, Sir Geoffrey Vos, Ex Officio
• The Rt Hon Lord Justice Birss, The Deputy Head of Civil Justice, Ex Officio
• VACANCY, High Court Judge Member
• The Hon Mr Justice Trower, High Court Judge Member
• Master Cook, High Court Master Member
• His Honour Judge Bird, Circuit Judge Member
• His Honour Judge Jarman KC, Welsh Judge Member
• District Judge Clarke, District Judge Member
• District Judge Johnson, District Judge Member
• Dr Anja Lansbergen-Mills, Barrister Member
• Ms Isabel Hitching KC Barrister Member
• Mr Tom Montagu-Smith KC Barrister Member
• Mr David Marshall, Solicitor Member
• Ms Virginia Jones, Solicitor Member
• Mr Ben Roe, Solicitor Member
• Mr Ian Curtis-Nye, Lay Advice/Consumer Affairs Member
• Ms Elisabetta Sciallis, Lay Advice/Consumer Affairs Member

Regulation of appointment

This post is regulated by the Commissioner for Public Appointments. For more information, please refer to the Commissioner’s website 

Person specification

Essential criteria

• Applicants must have up to date knowledge of the civil courts
• Interest in the broad field of law concerning civil courts and the rule making process;
• Commitment to reflecting the needs of end users in that process;
• Evidence of committee working and relevant inter-personal skills;
• Ability to deal confidently with legal specialists – judiciary and lawyers; and
• A commitment to valuing diversity.

Application and selection process

How to apply

In order to apply you will need to create an account or sign in.

Once you are logged into your account, click on 'apply for this role' and follow the on-screen instructions. To apply, all candidates are required to provide:

• a Curriculum Vitae (CV)
• a supporting statement
• equality information
• information relating to any outside interests or reputational issues
• Referee details – please give names/contact details of two referees (who will be contacted if you are shortlisted for interview) and email these to PublicAppointmentsTeam@Justice.gov.uk quoting the campaign name and reference number PAT160087
• Please indicate which member role you are applying for (either barrister (predominantly) or solicitor role)

We will ask you to check and confirm your personal details to ensure your application is accurate.

You will also have the opportunity to make a reasonable adjustment request or apply under the disability confident scheme before you submit your application.

The Advisory Assessment Panel reserves the right to only consider applications that contain all of the elements listed above, and that arrive before the published deadline for applications.

Overview of the application process

Public appointments are made on merit following a fair and open competition process which is conducted in accordance with the Governance Code for Public Appointments. We will deal with your application as quickly as possible and will keep you informed at key stages. We aim to conclude the appointment process within three months of the deadline for applications – this is in accordance with the Governance Code.

The assessment process

1. Ministers are responsible and accountable to Parliament for the public appointments made within their department. As a result, they must be consulted at every stage of the appointments process.

2. An Advisory Assessment Panel (“Panel”) is appointed by Ministers to assist them in their decision making. The role of the Panel is to decide, objectively, which candidates meet the eligibility criteria for the role.

3. At the shortlisting meeting the Panel will assess applications against the eligibility criteria and decide which candidates have best met the criteria, who should be recommended for interview. Ministers will then be consulted on the Panel’s recommended shortlist. If you have applied under the Disability Confident Scheme and you meet all the essential criteria, then you will also be invited for an interview.

4. Once the shortlist has been agreed by Ministers, you will be advised (by e-mail) whether you have been shortlisted. Those shortlisted will be invited to an interview.

5. The Panel will meet again to interview candidates and determine who is appointable to the role. The Panel may invite you to make a brief presentation at the start of the interview and will go on to question you about your skills and experience, including asking specific questions to assess whether you meet the criteria set out for the post. The Panel will also explore with you any potential conflicts of interest or any other issues arising from your personal and professional history which may impact on an appointment decision.

6. Details of the panel’s assessment of interviewed candidates are provided to Ministers, including whether they have judged a candidate to be appointable to the role. It is then for Ministers to determine merit and decide who should be appointed. In some circumstances, Ministers may choose not to appoint any candidates and re-run the competition.

7. Ministers may choose to meet with candidates before deciding the outcome. Candidates should therefore be prepared for a short time gap between interview and a final appointment decision being made. Candidates who have been interviewed will be kept informed of progress.

8. Once the decision on the appointment has been made, interviewed candidates will be advised of the outcome of their application, including whom they may approach for feedback. Successful candidates will be issued with their Terms & Conditions and a letter of appointment should they agree to take up the position.

Further information about appointments, including tips on applying, can be found on our guidance pages on gov.uk.

Advisory Assessment Panel (AAP)

•        Amrita Dhailwal, Head of Civil Courts and Procedure Policy, Civil Justice and Law, Access to Justice, Ministry of Justice, Panel Chair;

•         Alasdair Wallace, Deputy Director Legal Directorate (Civil and Family Law, Ministry of Justice);

•         Bernadette Thompson OBE, Director of Equality, Diversity and Inclusion, Kings College Foundation Trust, Independent Panel Member.

Political activity of panel members:  None

Advisory Assessment Panels (AAP) are chosen by ministers to assist them in their decision-making. These include a departmental official and an independent member. For competitions recruiting non-executive members of a board (apart from the Chair), the panel will usually include a representative from the public body concerned.

AAP’s perform a number of functions, including agreeing an assessment strategy with ministers, undertaking sifting, carrying out interviews in line with the advertised criteria and deciding objectively who meets the published selection criteria for the role before recommending to ministers which candidates they find appointable. It is then for the minister to decide who to appoint to the role.

Eligibility criteria

There must be no employment restrictions, or limit on your permitted stay in the UK.

We welcome applications from all those who are eligible.

However, as the CPRC was established to carry out an independent function at arm’s length from the Government, we are mindful that appointing someone who is employed by a government department might compromise that independence - or perception of independence - as well as diminishing the confidence of stakeholders and the general public.

If you are in receipt of a salary from a government department and wish to apply, you should expect that - if selected for interview - the Advisory Assessment Panel (the ‘panel’) will explore whether any perceived or real conflicts of interest might exist if you were to be appointed and, if so, how this might be managed or mitigated. The latter might include an undertaking to resign from government employment, if appointed, and - if considered appropriate - for there to be an interval between resignation and taking up appointment to the CPRC.

Legally qualified members must hold the necessary professional qualification as provided by the Civil Procedure Act 1997. One candidate must have a Senior Courts qualification and the other candidate must be a person authorised to conduct litigation in the Senior Courts.

If you need further advice, please contact Colin Barker at publicappointmentsteam@justice.gov.uk  

Security clearance

The successful candidate will be required to undertake Baseline Personnel Security Standard checks in line with the Civil Service guidelines. Additional Security Clearance may also be required for certain roles. However, where this applies, candidates will be notified during the appointment process. Further information on National Security Vetting can be found on the Gov.uk website here.

Additional information for candidates

Equality and diversity

We encourage applications from talented individuals from all backgrounds and across the whole of the United Kingdom. Boards of public bodies are most effective when they reflect the diversity of views of the society they serve and this is an important part of the Government’s levelling up agenda.

We collect data about applicants’ characteristics and backgrounds, including information about people’s educational and professional backgrounds, so that we can make sure we are attracting a broad range of people to these roles and that our selection processes are fair for everyone. Without this information, it makes it difficult to see if our outreach is working, if the application process is having an unfair impact on certain groups and whether changes are making a positive difference.

When you submit your application, your responses are collected by the Cabinet Office and the government department(s) managing your application. The data is used to produce management information about the diversity of applicants. You can select “prefer not to say” to any question you do not wish to answer. The information you provide will not be seen by the Advisory Assessment Panel who review applications against the advertised criteria and conduct interviews.

Disability confident

We are a member of the Government’s Disability Confident scheme. We use the Disability Confident scheme symbol, along with other like-minded employers, to show our commitment to good practice in employing people with a disability. The scheme helps recruit and retain disabled people. 

As part of implementing the scheme, we guarantee an interview for anyone with a disability whose application meets the essential criteria for the role, set out in the advert, and who has asked that their application is considered under the scheme. Indicating that you wish your application to be considered under the scheme will in no way prejudice your application. By ‘minimum criteria,’ we mean that you must provide evidence which demonstrates that you meet the level of competence required under each of the essential criteria, as set out in the job-advert.

When you apply you will have the opportunity to select if you would like your application considered under this scheme.

Reasonable adjustments

We are committed to making reasonable adjustments to make sure applicants with disabilities, physical or mental health conditions, or other needs are not substantially disadvantaged when applying for public appointments. This can include changing the recruitment process to enable people who wish to apply to do so.

Some examples of common changes are:

• ensuring that application forms are available in different or accessible formats;
• making adaptations to interview locations;
• allowing candidates to present their skills and experience in a different way;
• giving additional detailed information on the selection / interview process in advance to allow candidates time to prepare themselves;
• allowing support workers, for example sign language interpreters;
• making provision for support animals to attend.

When you apply you will have the opportunity to request reasonable adjustments to the application process.

Principles of public life

Holders of public office are expected to adhere to and uphold the Seven Principles of Public Life. These are:

1. Selflessness - Holders of public office should act solely in terms of the public interest.
2. Integrity - Holders of public office must avoid placing themselves under any obligation to people or organisations that might try inappropriately to influence them in their work. They should not act or take decisions in order to gain financial or other material benefits for themselves, their family, or their friends. They must declare and resolve any interests and relationships.
3. Objectivity - Holders of public office must act and take decisions impartially, fairly and on merit, using the best evidence and without discrimination or bias.
4. Accountability - Holders of public office are accountable to the public for their decisions and actions and must submit themselves to the scrutiny necessary to ensure this.
5. Openness - Holders of public office should act and take decisions in an open and transparent manner. Information should not be withheld from the public unless there are clear and lawful reasons for so doing.
6. Honesty - Holders of public office should be truthful.
7. Leadership - Holders of public office should exhibit these principles in their own behaviour and treat others with respect. They should actively promote and robustly support the principles and challenge poor behaviour wherever it occurs.

Code of conduct for board members

The Government expects all holders of public office to work to the highest personal and professional standards. In support of this, all non-executive board members of UK public bodies must abide by the principles set out in the Code of Conduct for Board Members of Public Bodies. The Code sets out the standards expected from those who serve on the boards of UK public bodies and will form part of your terms and conditions of appointment.

Management of outside interests and consideration of reputational issues

Holders of public office are expected to adhere and uphold the Seven Principles of Public Life and the Code of Conduct for Board Members of Public Bodies. Before you apply you should consider carefully: 

• any outside interests that you may have, such as shares you may hold in a company providing services to government; 
• any possible reputational issues arising from your past actions or public statements that you have made; 
• and/or - any political roles you hold or political campaigns you have supported; 

which may call into question your ability to do the role you are applying for.

You will need to answer relevant questions in relation to these points when making an application. Many conflicts of interest can be satisfactorily resolved and declaring a potential conflict does not prevent you from being interviewed. If you are shortlisted for an interview, the panel will discuss any potential conflicts with you during that interview, including any proposals you may have to mitigate them and record that in their advice to ministers. Alongside your own declaration, we will conduct appropriate checks, as part of which we will consider anything in the public domain related to your conduct or professional capacity. This may include searches of previous public statements and social media, blogs or any other publicly available information. The successful candidate(s) may be required to give up any conflicting interests and their other business and financial interests may be published in line with organisational policies. 

Details of declared political activity will be published when the appointment is announced, as required by the Governance Code (political activity is not a bar to appointment, but must be declared).

Status of appointment

As this is an office holder appointment, you will not become a member of the Civil Service. You will not be subject to the provisions of employment law.

Appointment and tenure of office

Appointments are for the term set out in this advert, with the possibility of re-appointment for a further term, at the discretion of Ministers.  Any re-appointment is subject to satisfactory annual appraisals of performance during the first term in the post. There is no automatic presumption of reappointment; each case should be considered on its own merits, taking into account a number of factors including, but not restricted to, the diversity of the current board and its balance of skills and experience. In most cases, the total time served in post will not exceed more than two terms or serve in any one post for more than ten years

Remuneration, allowances and abatement

The role is unremunerated but reasonable out-of-pocket expenses (including travel) will be payable.  

Travel and subsistence allowances may be payable on the same basis as that applicable to civil servants where the post holder is required to travel to other locations or stay overnight in the course of their duties.

Pension and redundancy

This is an office holder appointment and does not attract any benefits under any Civil Service Pension Scheme. You will not be eligible for redundancy pay as you are not an employee. No other arrangements have been made for compensation upon the end of your term of appointment because an office holder who is appointed for a limited duration would have no expectation of serving beyond that period.

Application feedback

We will notify you of the status of your application. We regret that we are only able to offer detailed feedback to candidates who have been unsuccessful at the interview stage.

How to complain

If you have a complaint about any aspect of the way your application has been handled, we would like to hear from you. In the first instance please write to or e-mail the Public Appointments Team at the e-mail address given below quoting the appropriate reference number.

Maggie Garrett, Ministry of Justice, Head of the Public Appointments Team, Public Bodies Centre of Expertise, Ministry of Justice:  

OR

Alexandra Morton, Ministry of Justice, Head of the Public Appointments Team, Public Bodies Centre of Expertise, Ministry of Justice: 

PublicAppointmentsTeam@justice.gov.uk

Complaints must be received by the Public Appointments Team within 12 calendar months of the issue or the closure of the recruitment competition, whichever is the later.

We will acknowledge your complaint within two working days of receipt and reply within 20 working days of receipt. We will tell you if we cannot meet this deadline for any reason and provide an expected reply date.

How to complain to Office of the Commissioner for Public Appointments (OCPA)

If you are not content with the appointing department’s response you may wish to further complain to the Commissioner at publicappointments@csc.gov.uk.Further information on how the Commissioner handles complaints can be found on the Commissioner for Public Appointments’ website https://publicappointmentscommissioner.independent.gov.uk/regulating-appointments/investigating-complaints/

Data protection

The Cabinet Office will use your data in line with our privacy policy.

Your personal Information 

In accordance with the Public Appointments Order in Council 2019(4)(5), we will process your application in accordance with the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018 and the Ministry of Justice’s Information Charter, which can be found at https://www.gov.uk/government/organisations/ministry-of-justice/about/personal-information-charter. 

We will hold your data securely and access will be restricted to those dealing with your application or involved in the recruitment process. We will share your data with the Commissioner for Public Appointments and other relevant government departments, including the Cabinet Office, as part of a complaint investigation or review of the recruitment process. Cabinet Office will handle data in accordance with their Privacy Notice https://publicappointments.cabinetoffice.gov.uk/privacy-notice.   Your data may also be disclosed as required by law or in connection with legal proceedings. 

We will store your data for up to two years and processed for the purpose of the recruitment process, diversity monitoring and, if successful, your personal record. If appointed, your data will be stored for the duration of your tenure and may be shared with the organisation to which you are appointed, unless you specifically request us not to.  

Should you wish your data to be removed from our records, please contact publicappointmentsteam@Justice.gov.uk. 

Contact details

Performance Appraisal:  You will be assessed annually on performance by the Chair of the Committee.