Civil Justice System

Question 1

What is the function of a civil justice system?

Answer 1

To assist in the resolution of disputes between parties when the parties have been unable to reach an agreement together.

Question 2

What is the purpose of the civil justice system?

Answer 2

To uphold the rule of law.

Question 3

What did the Magna Carta supposedly believe the civil justice system should be?

Answer 3

Clear, intelligible, accessible, predictable and provide peaceful means of resolving disputes.

Question 4

What did Lord Neuberger believe an effective civil justice system must contain?

Answer 4

The law and the courts must be accessible to all, and in order for this to be possible, it should be affordable to all.

Question 5

Which three categories generally do civil disputes fall into?

Answer 5

1. To ensure the terms of a Contract are being met.
2. Judicial review - for people who have been affected by public decisions
3. To apply for a court order.

Question 6

What were the issues which led to the Woolf Reforms?

Answer 6

There was little co-ordination in the system, which led to inefficiency and delays. Each court had it’s own rules which led to inconsistencies and lack of procedural rule. Issues would often remain unsolved and court action was extremely expensive.

Question 7

What were the main principles of the Woolf Reforms?

Answer 7

For the system to be: 
just in its results 
fair in the way it treated people
for cost to be reasonable
for cases to be dealt with at appropriate speed
be understandable and responsive

Question 8

What did Lord Woolf suggest was done in order to achieve the principles of the reforms?

Answer 8

Cases to be dealt with in accordance of the value of the claim
strict timetables to be kept to for specific types of claim
The Judiciary to actively manage cases
Unified, simple procedural rules
One senior judge to be appointed

Question 9

What is the main source of procedural law in the civil justice system?

Answer 9

Civil Procedural Rules 1998

Question 10

What do the CPR 1998 provide?

Answer 10

A broad framework of generally applicable procedural rules for the civil justice system rather than detailed rules for each situation.

Question 11

What is the overriding objective of the CPR 1998?

Answer 11

That all cases be dealt with justly and at proportionate cost so far is as applicable.