lord woolf reforms
The Woolf reforms to civil justice Malleson and Moules: The Legal System
Introduction In 1994, Lord Woolf was asked to conduct an inquiry into the civil justice system and make proposals for its modernisation. The request was promoted by growing criticism from lawyers, the judiciary and litigants that the system had become unacceptably inefficient and ineffective, to the point where it was in a state of crisis. Lord Woolf undertook consultations with those who worked in the civil justice system as well as reviewing the systems in other countries. Access to Justice - 1996 (with interim report in 1995). The main problems with the civil justice system which he identified were: cost, delay, complexity and uncertainty of outcome. He argued that these were interrelated and stemmed from the fact that the litigation process was controlled by lawyers. Since they set the pace, it was in their interests to draw out the process and so increase costs. Because there was very little judicial management the process often degenerated into an excessively adversarial contest. Access to Justice stated that the overriding objective of the civil justice system was to deal with cases fairly. To achieve this, the report determined that it was necessary to ensure that, as far as possible, the parties to the litigation are on an equal footing and that the amount of time and money spent on each case was proportionate to the amount of the claim and the complexity of the issues. Lord Woolf's proposals Recommended that the following key changes should be made:
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Cases should be dealt with through different procedures according to the amount of money involved and their complexity Stricter timetables by which different stages of the litigation should e completed should be imposed by the court The judge should actively manage cases from the point at which a claim is made Unified and simpler procedural rules should be drawn up for the county court and the High Court There should be a
Introduction In 1994, Lord Woolf was asked to conduct an inquiry into the civil justice system and make proposals for its modernisation. The request was promoted by growing criticism from lawyers, the judiciary and litigants that the system had become unacceptably inefficient and ineffective, to the point where it was in a state of crisis. Lord Woolf undertook consultations with those who worked in the civil justice system as well as reviewing the systems in other countries. Access to Justice - 1996 (with interim report in 1995). The main problems with the civil justice system which he identified were: cost, delay, complexity and uncertainty of outcome. He argued that these were interrelated and stemmed from the fact that the litigation process was controlled by lawyers. Since they set the pace, it was in their interests to draw out the process and so increase costs. Because there was very little judicial management the process often degenerated into an excessively adversarial contest. Access to Justice stated that the overriding objective of the civil justice system was to deal with cases fairly. To achieve this, the report determined that it was necessary to ensure that, as far as possible, the parties to the litigation are on an equal footing and that the amount of time and money spent on each case was proportionate to the amount of the claim and the complexity of the issues. Lord Woolf's proposals Recommended that the following key changes should be made:
-
Cases should be dealt with through different procedures according to the amount of money involved and their complexity Stricter timetables by which different stages of the litigation should e completed should be imposed by the court The judge should actively manage cases from the point at which a claim is made Unified and simpler procedural rules should be drawn up for the county court and the High Court There should be a