Preview

The Problems of Civil Litigation

Powerful Essays
Open Document
Open Document
899 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
The Problems of Civil Litigation
The reformation of the civil justice system in 1998 was as result of the issues identified by Lord Woolf as hindrances to effective civil litigation. Prior to Woolf report, it was perceived that civil litigation has two main problems; cost of litigation and the duration of court proceedings. The effect of the enquiry and the report thereafter, created new system of litigation where parties are encouraged to settle dispute without a formal court proceeding. The process of taking a civil case to court is now governed by the Civil Procedure Rules (CPR) which came into force in 1999. The enactment of this Act and other Acts of Parliament enacted earlier such as the Arbitration Act, Limitation Act 1980 and Access to Justice Act 1999 has played a vital role in limiting the wide growing number of litigation by encouraging parties in a dispute to settle their disputes earlier by placing limitation period to the bringing of claim and the use of other available means other than formal court proceeding where possible.
The civil procedure rules sets out different way which enables the courts to deal and control cases according to courts timetable, rather than the whims of the parties. The overriding objective of the CPR is to facilitate the court to deal with cases impartially. This includes ensuring that the parties in dispute are placed on equal footing by dealing with their cases in a way which is proportional to the amount of money involved, the complexity of the issues and the financial position of each party. The CPR ensures that claimants and defendants comply strictly with the court imposed discipline.
Pre – action protocols is also a medium in which the increasing number of legislation has encouraged parties in dispute to settle outside the court room. The rules about pre – action protocols as contained in the CPR sets out basic requirements that parties in dispute should take before the commencement of legal proceedings.
Another way in which the increasing number

You May Also Find These Documents Helpful

  • Good Essays

    Civil Litigation

    • 2306 Words
    • 10 Pages

    Comes Plaintiff, Constance Wolf F/K/A Constance Wolfgram, by counsel, and for her complaint states as follows:…

    • 2306 Words
    • 10 Pages
    Good Essays
  • Good Essays

    Law/531 Adr Analysis

    • 637 Words
    • 3 Pages

    For many years, litigation has been the one thing in reference to the law that traditionally resolves lawsuits and disputes. There are many facts that need to be considered when one compares or contrasts traditional litigation methods to the nontraditional litigation methods (Alternate Dispute Resolution). Handled outside of litigation in court, ADR is a unique resolution. ADR’s types include “arbitration, collaborative law, mediation and negotiation. Conciliation is sometimes included as a fifth category” (Alternate Dispute Resolution Law, 2011).…

    • 637 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Civil Litigation

    • 543 Words
    • 3 Pages

    Making sure that the correct information and witnesses are kept with the correct client’s case file…

    • 543 Words
    • 3 Pages
    Satisfactory Essays
  • Better Essays

    what is crime

    • 929 Words
    • 4 Pages

    is fundamental in our legal system. A civil case has a life cycle entirely different from that…

    • 929 Words
    • 4 Pages
    Better Essays
  • Good Essays

    Civil Litigation Process

    • 860 Words
    • 4 Pages

    The focus of this paper will be to show how an employee would make a discrimination complaint against his employer. The process begins with the Equal Employment Opportunity Commission (EEOC) and can proceed through the civil litigation process from the state level up to the United States Supreme Court.…

    • 860 Words
    • 4 Pages
    Good Essays
  • Good Essays

    When multiple children in the city of Woburn contracted leukemia amongst other diseases, the parents believed that it was because of contamination from the local wells. The parents wanted an apology from the people that ruined their lives, so they filed a lawsuit. Jan Schlichtmann, a personal injury lawyer, was asked to be the lead attorney on the case. He first went in looking for a settlement. He commented on how the point of civil court is to settle. “They settle. Out of the 780,000, only 12,000 or 1 1/2 percent ever reach a verdict. The whole idea of lawsuits is to settle, to compel the other side to settle.”[1] When corporations have a lawsuit filed against them, they don’t make that big of a deal out of it because there’s not a full case…

    • 537 Words
    • 3 Pages
    Good Essays
  • Good Essays

    A Civil Action

    • 486 Words
    • 2 Pages

    Movies that are "based on actual events" are usually not the same as the real events upon which they are based. "A Civil Action" is one of these movies. The basic points covered in the movie are the same. However there were some key elements from the trial left out of the movie. These elements were some of the crucial errors made by Schlichtmann that led to him losing the case.…

    • 486 Words
    • 2 Pages
    Good Essays
  • Better Essays

    a civil case versus a criminal case, the differences in remedies and outcomes sought, how the…

    • 1028 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Role of Advocate

    • 940 Words
    • 4 Pages

    One distinct advantage of ADR over traditional court proceedings is its procedural flexibility. It can be conducted in any manner to which the parties agree. It may be as casual as a discussion around a conference table or as structured as a private court trial. Also unlike the courts, the parties have the freedom to choose the applicable law, a neutral party to act as Arbitrator/Conciliator in their dispute, on such days and places convenient to them and also fix the fees payable to the neutral party. ADR being a private process offers confidentiality which is generally not available in court proceedings. While a court procedure results in a win-lose situation for the disputants, in an ADR process such as Mediation or Conciliation, it is a win-win situation for the disputants because the solution to the dispute emerges with the consent of the parties. Lastly, as compared to court procedures, considerable time and money is saved in ADR procedures.…

    • 940 Words
    • 4 Pages
    Good Essays
  • Good Essays

    In this scenario project I will identify four alleged crimes and one criminal civil action. In addition, I will apply principles involving criminal law relevant to the criminal justice practice, and I will demonstrate my understanding of civil liabilities relative to criminal justice agencies, and practitioners. Furthermore, I will identify case laws relevant to the possible civil action that could be brought against the police officer, the department and the city. After addressing these issues, I will have described a scenario involving a civil liability and a civil action.…

    • 983 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Second Appeal in Cpc

    • 5575 Words
    • 23 Pages

    3. For the rights and grounds for second appeal the book name civil procedure code by mr. M.P. Jain has given me the more clear view to study andshow the path for the research.…

    • 5575 Words
    • 23 Pages
    Powerful Essays
  • Powerful Essays

    In the past, there have been many review carried out But the biggest attempt to reform the process has been carried out as a result of measures introduced in the report made by lord Woolf [2] . The present system of civil justice is based on the reform recommended by Lord Woolf…

    • 3948 Words
    • 12 Pages
    Powerful Essays
  • Good Essays

    “The Court is not impervious to the frustration that litigants and lawyers alike would at times encounter in procedural bureaucracy but imperative justice requires correct observance of indispensable technicalities precisely designed to ensure its proper dispensation. It has long been recognized that strict compliance with the Rules of Court is indispensable for the prevention of needless delays and for the orderly and expeditious dispatch of judicial business. Procedural rules are not to be disdained as mere technicalities that may be ignored at will to suit the convenience of a party. Adjective law is important in ensuring the effective enforcement of substantive rights through the orderly and speedy administration of justice. These rules are not intended to hamper litigants or complicate litigation but, indeed to provide for a system under which a suitor may be heard in the correct form and manner and at the prescribed time in a peaceful confrontation before a judge whose authority they…

    • 748 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Civil Procedure

    • 70074 Words
    • 281 Pages

    Section 5 (5), Art. VIII of the Constitution provides that the Supreme Court shall have the power to promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged. Such rules shall provide a simplified and inexpensive procedure for the speed disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court.…

    • 70074 Words
    • 281 Pages
    Good Essays
  • Powerful Essays

    Litigation

    • 2667 Words
    • 11 Pages

    THE ADVANTAGES AND DISADVANTAGES OF ARBITRATION AS COMPARED TO LITIGATION By Arthur Mazirow, Esq., CRE Real Estate Arbitrator, Mediator, Expert Witness and Consultant Los Angeles, California Website: Mazirow.com Presented to The Counselors of Real Estate April 13, 2008 Chicago, Ilinois 796608.1 © 2008 Arthur Mazirow 796608.1 © 2008 Arthur Mazirow The Advantages and Disadvantages of Arbitration…

    • 2667 Words
    • 11 Pages
    Powerful Essays