1. Comparative Law Spring 2003 Professor Susanna Fischer ENGGLISH LEGAL TRAINING ENGLISH CIVIL PROCEDURE April 15, 2003

2. 3 TRAINING STAGES ACADEMIC VOCATIONAL PUPILLAGE

3. DINING REQUIREMENT

4. 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?

5. 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?

6. CIVIL JUSTICE SYSTEM Recent major reforms

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

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

9. 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)?

10. 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

11. 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?

12. 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…

13. 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

14. CULTURE OF CO-OPERATION How have do the changes to the CPR attempt to encourage a culture of cooperation?

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

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

17. MOVE AWAY FROM ADVERSARIAL SYSTEM How has the English civil justice system moved away from its adversarial roots towards a more inquisitorial system?

18. What do you think of the changes to the English system? Do you agree with critics of the changes, such as Michael Zander? Should American law implement any of these changes? Why or why not?

19. HAPPY EASTER!! Don’t forget to send me your URL! Make sure you have a copy of the exam memo See you next week at 12 for lunch with the French judge