Woolf Reforms Flashcards
What was the name of Lord Woolf’s reform report in 1996?
Access to Justice
In what year did Lord Woolf state a list of what a civil justice system should have?
1995
What were 2 of Woolf’s ideas of what a civil justice system should have?
- deal with cases at a reasonable speed
- be understandable to those who use it
What did the Woolf Report of 1996 find in relation to Lord Woolf’s 1995 list of ideas of the civil justice system?
That virtually none of his points were being achieved
How many recommendations did the report contain?
303
What did the Woolf Report recommend in relation to
- small claims track
- fast track
- multi-track
small claims track
-extending small claims up to £3,000
Fast track
-for straight forward cases up to £10,000
(not £25,000)
Multi track
-for cases over £10,000 with capping costs
What were 2 main focuses of the Woolf Report 1996
- Encouraging alternative dispute resolution
- Shorter timetables for cases & length of trials
From what date were new Civil Procedure Rules 26th April 1999 (CPR) brought into effect?
26th April 1999
What 2 things did the Civil Procedure Rules 26th April 1999 do?
- Simpler language
- Changed vocabulary in courts
Civil Procedures Rules 26th April 1999 named anyone starting a civil case the ‘claimant
What was the previous name?
‘plaintiff’
What does Rule 1.1 of the Civil Procedures Rules 26th April 1999 state?
That the overriding objective is to enable the court to deal with cases justly
According to Rule 1.1 of the Civil Procedures Rules 26th April 1999, what should the courts now try to do?
(2 technically 5 )
-ensure case is dealt with quickly and fairly
-deal with cases in a way which is proportionate to the
amount involved
importance of the case
complexity of issues involved
Rule 1.4 of Civil Procedures Rules 26th April 1999 explains that as well as fixing timetables, ‘active case management’ by judges includes… (what 2 things)
- encouraging the parties to use dispute resolution
- giving directions to ensure that the trial of a case proceeds quickly and efficiently
What have been then3 main positive effects of the Woolf Reforms ?
- there is a more uniform procedure across the country
- case management conferences are felt to be one of the major success of the CPR
- culture of litigation has changed for the better, cooperation between parties improving
What evidence suggests little effect from the Woolf Reforms? (3)
- courts are still under resourced
- costs have increased overall as a result of being front-loaded , in particular fast track cases are disproportionate
- little to no increase in ADR , not become incorporated into the court process
In 2011, what was the name of the government consultation paper?
Solving Disputes in the County Court
What did the 2011 government consultation paper, Solving Disputes in the County Court point out ?
That after 15 years since the Woolf Report the system had not kept up to pace with the ‘major economic and social shifts that have taken place since’
What did the 2011 government consultation paper state that the system should focus on rather than the ideals of ‘justice’?
- dispute resolution
- debt recovery
In particular what did the 2011 government consultation paper ‘Solving Disputes in the County Court,’ point out?
That the costs of taking a case to court was more than the amount claimed
What did the 2011 government consultation paper ‘Solving Disputes in the County Court’ propose for fixed costs?
-to be extended to other personal injury claims up to £25,000 or even £50,000
What did the 2011 government consultation paper ‘Solving Disputes in the County Court’ propose for cases below the small claims limit?
-to have attempted settlement by mediation before being considered for a hearing
What did the 2011 government consultation paper ‘Solving Disputes in the County Court’ propose for introducing mediation information?
mediation information sessions for claims above the small claims limit to try to divert more cases into alternative dispute resolution
What did the 2011 government consultation paper ‘Solving Disputes in the County Court’ propose for upper level small claims?
to increase upper level small claims to at least £10,000
Effect of 1999 terms? (4)
- cases settle earlier
- initial costs are high
- delays are getting shorter
- courts strict on timetables
1999 reforms : 6?
- encourage use of ADR
- simpler forms and language
- increase small claims limit to £5,000
- fast track for claims between £5,000 and £15,000 (now £25,000)
- Judges responsible for case management
- strict timetables
