Civil Process and Civil Procedure Rules Flashcards
The Civil Procedure Act 1997 was passed to implement what?
- The Woolf Report
When did the new civil procedure rules come into effect?
- April 1999
What were the four main criticisms that Lord Woolf made of the old civil justice system?
- Cost
- Delay
- Complexity
- Too adversarial
What was Lord Woolf’s philosophy? (2)
- That the adversarial process is not suitable for civil law
- Litigation should be a last resort and we must promote cooperation and settlement in an inquisitorial way
Lord Woolf’s goal was a fundamental change of culture. He stated that a civil justice system should what? (6)
- Be just in the results it delivers
- Be fair in the way it treats litigants
- Deal with cases at a reasonable speed
- Be understandable to those who use it
- Be effective and adequately resourced and organised
- Offer appropriate procedures at a reasonable cost
Lord Woolf’s reforms can be split into four broad areas. What are they? (4)
- Simplification of procedures
- Judicial case management
- Pre action protocols
- Encouragement of ADR
How have the procedures been simplified? Examples? (2)
- Simplification of language e.g plaintiff became claimant and minor became child
- Simpler forms e.g the N1 claim form is now the standard form used for claims and is accessible online
What are some examples of active case management? (3)
- Encouraging cooperation
- Encouraging ADR
- Making use of technology
Why active case management? (3)
- Encourages more inquisitorial system
- Makes the system less daunting
- Reduces the need for legal representation
What are the options on the 3 track system?
- Small claims
- Fast track
- Multi track
Describe the small claims track. Value up to? Personal injury claims? Which court? Legal representation?
- Value up to £10,000
- Personal Injury claims up to £1,000
- Court = County court + District Judge
- Legal representation NOT recommended
Describe the fast track. Value? Personal injury claims? Which court? Legal representation?
- Value up to £25,000
- Personal injury claim £1,000-£15,000
- Court - County Court + Circuit Judge
- Legal representation optional
Describe the multi track. Value? Personal injury claims? Which court? Legal representation?
- Value over £25,000
- Personal injury claims over £15,000
- County court or high court
- Legal representation recommended
What is set out in part 35 CPR? (2)
- Expert evidence is being reduced significantly because expensive and often contributes to delay
- In most cases, the court will encourage a single joint expert to act for both sides
What are part 36 CPR offers designed for?
- To settle disputes without going to court
Who can make a part 36 offer? What happens if it is accepted? What happens if it is refused? (3)
- Both sides can make a part 36 offer
- If it is accepted by the other side, the claimant is entitled to their costs up to that date
- If the offer is refused and the refusing party is subsequently awarded less by the court, sanctions can be made by the court against them
What are pre action protocols? What is their aim? (2)
- Guidelines that are not compulsory, but are expected to be followed by the court
- They aim to get parties to settle outside of court, thus reducing costs and delay
Each category has its own set of pre action protocols. What are some examples of pre action protocols for clinical disputes and personal injury cases? (3)
- Detailed letters of claim
- An agreement on the number of expert witnesses (part 35 CPR)
- Use of ADR
What is the point of protocol? (3)
- Preparation for the trial
- Attempts to settle
- Keeps costs down
How can judges fulfil their obligation under Part 1 overriding objective?
- By encouraging parties to use ADR where appropriate
What was decided in Halsey v Milton Keynes NHS Trust (2004)?
- The Court of Appeal said the courts cannot force parties to ADR as it might be against Article 6 of the European Convention on Human Rights - the right to a fair trial
What is the overriding objective of the Civil Procedure Rules? (2)
- To enable the court to deal with cases ‘justly’
- Courts must further this objective by managing cases ‘actively’
What is the fifth method of ADR?
- Tribunals
How did Woolf change things? (6)
- Appropriateness of procedures - the track system allows appropriate procedure for each case
- Speed and efficiency - pre action protocols make court quicker and easier
- Effectiveness, adequate resources and organisation - agreement on joint single expert (part 35) + part 36 offer
- Simplifying language
- Use of ADR
- Active case management
What are the positives of the Woolf reforms? (5)
- Fairer system overall
- Track system makes things easier and allows people to settle cases on their own
- Single joint experts have worked
- Part 36 offers to settle have worked
- Adverse cost penalties do work to encourage people to settle
What are the negatives of the Woolf reforms? (4)
- Active case management tends to increase costs
- New rules encourage inconsistent decision making
- No real impact on saving time
- Pre action protocols are not mandatory
