1. 1 English Legal System Civil court reforms

2. 2 Civil courts Civil reform Thermawear V Linton (1995) CA as per Lord Justice Henry, “…the adversarial system has run into the sand, in that today, delay and costs are too often disproportionate to the difficulty of the issue and the amount at stake..the solution to that problem requires a more interventionist judiciary : the trial judge as the trial manager.”

3. 3 Civil courts Civil reform Civil Justice Review (CJR) 1988 : “delay in litigation causes personal stress, anxiety and financial hardship to ordinary people and their families. It may induce economically weaker parties to accept unfair settlements.”

4. 4 Civil courts Old civil process Filing of a statement of claim or particulars of claim/summons. (21 days before return day) Filing of a Defense & or Counter-claim(14 days from serving) Exchanging and discovery of documents Producing expert witness statements Filing of sworn affidavits

5. 5 Civil courts Weakness in old process n Encouraged adversarial /battlefield culture. n Question of expense, compromise and fairness had low priority. n The responsibility and conduct of the litigation/speed rested in claimant (claimants lawyer) n Use of expert witness statements delayed process further.

6. 6 Reforms n Lord Woolf set up Woolf Inquiry at 1994. n Lord Woolf’s Access to Justice (final report 1996) and the reforms implemented in 1999, have resulted in the following new legislation: n Civil Procedure Act 1997 n Civil procedure rules 1998 (published 29Jan1999)

7. 7 Civil courts Why reform ? n Old problems in civil system : n 1)Too expensive…costs exceed value. n 2) Too slow in bringing to conclusion n 3) Too unequal..lack of equality..wealthy as opposed to limited resources. n 4) Too uncertain.. Difficulty of forecasting n 5) Too adversarial.

8. 8 Civil courts After reform ? n Result of reforms : n 1) just in results it delivers n 2) be fair in the way it treats litigants n 3) offer appropriate procedures at reasonable costs n 4) deal with cases with reasonable speed n (about 7-8 months trial dates as opposed to up to 18 months before) n 5) be responsive to needs of parties. n 6) provide as much certainty as the nature of case allows

9. 9 Civil courts Change in Landscape ! n Litigation will be avoided as far as possible (Alternative Dispute Resolution ADR) n Litigation will be less adversarial n Litigation will be less complex n Time scale of litgation will be shorter n Cost of litigation will be more affordable n More equal footing. n Judges will play more active role in managing cases

10. 10 Civil courts n Reform changes : n 1) Judicial case Management - Judge is case manager n 2) Pre-action protocols n 3) Alternative dispute resolution (not to go to court)

11. 11 Civil courts Judicial Case management Judge actively manages case by : n encouraging parties to co-operate n identifying issues in the dispute at early stage n disposing off summary issues n fixing time tables for the case hearing and controlling progress of case n considering whether benefits of particular way of hearing the dispute justify its costs.

12. 12 Civil courts Pre-action protocols In cases of clinical negligence and personal injury cases : n To encourage a better exchange of info. n To encourage greater contact between parties. n To encourage better pre-action investigation. n To put parties in a position to settle cases fairly and early n To reduce need to go to court

13. 13 Civil courts Sanctions judge can use If parties do not comply with practice directions and protocol : 1) using costs against party concerned 2) “unless” orders 3) striking out 4) refusal to grant extensions of time 5) refusal to allow documents not previously disclosed to be relied on

14. 14 Civil courts Alternatives to court n Encourage alternative dispute resolution (ADR). n Where parties request it or where court feels there is a need. n Especially if parties ask for a very lengthy time of adjournment.

15. 15 Civil courts Changes in terminology Old New n Plaintiff Claimant n Statement of ClaimStatement of case n SummonsClaim form n DiscoveryDisclosure n Affidavits(sworn)Statement of truth

16. 16 Civil courts small claims track n Small claims hearing n Jurisdiction up to £ 5,000. (except for PI, where claim must not exceed £1,000.) n If parties agree to go without trial “paper adjudication” will take place. n Parties need not attend the hearing..agree to written evidence and statements. n Parties can agree to small claims track even if value exceeds normal value subject to courts approval

17. 17 Civil courts The fast track n Moderately valued cases : more than £ 5,000 but less than £ 15,000. n Standard directions for trial preparation. n One day fixed period for trial n trial period must not exceed three weeks and parties must be given 21 days notice of the date fixed for trial. n No oral evidence need to be given. n Parties must file listing questionnaries

18. 18 Civil courts Multi Track n Flexible track for handling of higher value claims, more complex claims,..over £ 15,000. n Standard case direction. n Case management conferences n pre-trial reviews n Trial period one week.