Comparative Law Spring 2006 Professor Susanna Fischer ENGLISH LEGAL SYSTEM ENGLISH LEGAL PROFESSION February 16, 2006

English Legal Profession Barristers Solicitors Judiciary

BARRISTERS In 2004, about 10,000 barristers were in private practice in England and Wales What is the function of a barrister? What is a QC? Governing body: Bar Council – see What legal work do barristers do?

CHAMBERS What are Chambers?

INNS OF COURT What are the Inns of Court? Middle Temple Inner Temple Gray’s Inn Lincoln’s inn

INNER TEMPLE GARDEN

INNER TEMPLE CROQUET Members wishing to play croquet should collect the keys to the garden and the croquet shed from the Gardener. You should sign your name down when you take the key.

HOW DOES ONE BECOME A BARRISTER?

3 TRAINING STAGES ACADEMIC VOCATIONAL PUPILLAGE

SOLICITORS How many solicitors are in practice in England and Wales? (Remember! Scotland has its own legal system) Most work in private practice; some also work as employed solicitors for the Government, the Crown Prosecution Service, or a commercial/industrial organization What is the function of a solicitor?

BECOMING A SOLICITOR How do you become a solicitor? GCSE/3 ”A” Levels University (Law Degree or Not) If no law degree, CPE/Diploma in Law Legal Practice Course (“LPC”) Training Contract DO YOU HAVE TO HAVE A UNIVERSITY DEGREE TO BECOME A SOLICITOR? Can solicitors become judges?

MAJOR TYPES OF ENGLISH LAWYERS Solicitors Barristers There are also Public Notaries, who are solicitors or law students who pass the Notarial Practice exam and undertake a period of supervision

Judicial Independence in England? What are some of the main questions that have been raised about judicial independence?

English Legal Profession Compare judicial selection to the the U.S. system – Constitutional Reform Act 2005 How are judges trained in England? How can a judge’s appointment be terminated? How can judges be disciplined?

Questions Concerning Judicial Independence Narrowness of ethnic background, sex, and age of judges Secretive and discriminatory appointment process Limited training Insufficient procedures for criticism and dismissal Political system limits judicial independence Right-wing bias? Influence of Freemasonry Lack of specialization

English Judiciary See Charles Yablon, Wigs, Coifs and Other Idiosyncracies of English Judicial Attire, Cardozo at: net/life/spring1999/ wigs/ net/life/spring1999/ wigs/

The Lord Chancellor Lord Irvine of Lairg ( ) Tony Blair’s pupilmasters Forced to leave in 2003 Replaced with Blair’s flatmate, Lord Charlie Falconer

CIVIL JUSTICE SYSTEM Recent major reforms

ENGLISH CIVIL PROCEDURE Major reforms to the Civil Procedure Rules came into effect in April 1999

HISTORY OF THE CHANGE 1994 Lord Mackay of Clashfern (Lord Chancellor) appoints Lord Woolf to carry out inquiry into system of civil justice

2 WOOLF REPORTS “Access to Justice” (June 1995) “Access to Justice” (July 1996) What problems did Lord Woolf see with the English civil justice system (in 1996 report)?

WOOLF: CRITICISMS OF ENGLISH CIVIL JUSTICE High costs – ordinary people could not afford justice Excessive Delay Injustice – unequal bargaining positions leading to unfair settlements, tactical manoeuvring, too much emphasis on oral evidence, difficulties in enforcement, Too much complexity

CIVIL JUSTICE SYSTEM Major reforms spearheaded by Lord Woolf – “a new landscape for civil justice for the twenty-first century”. Access to Justice report 1996 and implementation of reforms in April 1999 What changes did these reforms introduce? Are these reforms successful? Is the civil justice system moving to an inquisitorial system?

OVERRIDING OBJECTIVE - Civil Procedure Rules r. 1.1 Simplify litigation save costs reduce litigation and litigation delays Be fair Proportionality In other words, change litigation culture…

CIVIL PROCEDURE RULES: PLAIN ENGLISH? Many changes to terminology, which were designed to simplify: e.g. Plaintiff is now Claimant, Discovery is now Disclosure, Statement of Claim (High Court) is now Particulars of Claim, Pleadings are now Statements of Case

CULTURE OF CO-OPERATION Letters before action pre-action disclosures Pre-action protocols Case management Part 36 offers to settle ADR

JUDICIAL CASE MANAGEMENT 3 tracks (small claims, fast, multi- track) Sanctions Costs – “English rule” not always followed

What do you think of the changes to the English system?