success of lord woolfs reforms: Flashcards
intro:
flaws in the justice system: cost, delays, complexity, too adversarial (too argumentative).
simplification of procedures:
introd structure through the track system.
solved the issue of complexity.
LW introd simplification of language. (plaintiff-claimant, minor-child).
solved confusion, was supposed to solve cost as claimants were encouraged to bring their case with legal representation.
judicial case management:
active case management: judges adopt a more hands on approach, do more than just deciding the punishment for the case, eg making use of technology like sending evidence via email.
encouragement to settle: CPR 36 encourages parties to settle before the case gets to court, due to costs.
Pre Action Protocols:
each category had its own set of regulations that had to be followed, eg. personal injury, clinical negligence, defamation, etc.
created to do lists with deadlines attached to encourage parties to cooperate and not be adversarial.
Encouragement of ADR:
sub for resolving disputes outside of court.
encouraged to settle and make a decision outside of court where the courts should actively promote its use.
ADR methods: negotiation, arbitration, conciliation, mediation and tribunals where the parties decide.
solved the issue of cost and time, saves money and salvages business relationships.
HOWEVER, halsey v Milton Keynes said you cannot force ADR as it goes against HR.
conclusion:
LW reforms weren’t as efficient.
is less complex however costs have increased.