Woolf Reforms

Question 1

What was the name of Lord Woolf’s reform report in 1996?

Answer 1

Access to Justice

Question 2

In what year did Lord Woolf state a list of what a civil justice system should have?

Answer 2

1995

Question 3

What were 2 of Woolf’s ideas of what a civil justice system should have?

Answer 3

• deal with cases at a reasonable speed

- be understandable to those who use it

Question 4

What did the Woolf Report of 1996 find in relation to Lord Woolf’s 1995 list of ideas of the civil justice system?

Answer 4

That virtually none of his points were being achieved

Question 5

How many recommendations did the report contain?

Answer 5

303

Question 6

What did the Woolf Report recommend in relation to

• small claims track
• fast track
• multi-track

Answer 6

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

Question 7

What were 2 main focuses of the Woolf Report 1996

Answer 7

• Encouraging alternative dispute resolution

- Shorter timetables for cases & length of trials

Question 8

From what date were new Civil Procedure Rules 26th April 1999 (CPR) brought into effect?

Answer 8

26th April 1999

Question 9

What 2 things did the Civil Procedure Rules 26th April 1999 do?

Answer 9

• Simpler language

- Changed vocabulary in courts

Question 10

Civil Procedures Rules 26th April 1999 named anyone starting a civil case the ‘claimant
What was the previous name?

Answer 10

‘plaintiff’

Question 11

What does Rule 1.1 of the Civil Procedures Rules 26th April 1999 state?

Answer 11

That the overriding objective is to enable the court to deal with cases justly

Question 12

According to Rule 1.1 of the Civil Procedures Rules 26th April 1999, what should the courts now try to do?
(2 technically 5 )

Answer 12

-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

Question 13

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)

Answer 13

• encouraging the parties to use dispute resolution

- giving directions to ensure that the trial of a case proceeds quickly and efficiently

Question 14

What have been then3 main positive effects of the Woolf Reforms ?

Answer 14

• 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

Question 15

What evidence suggests little effect from the Woolf Reforms? (3)

Answer 15

• 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

Question 16

In 2011, what was the name of the government consultation paper?

Answer 16

Solving Disputes in the County Court

Question 17

What did the 2011 government consultation paper, Solving Disputes in the County Court point out ?

Answer 17

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’

Question 18

What did the 2011 government consultation paper state that the system should focus on rather than the ideals of ‘justice’?

Answer 18

• dispute resolution

- debt recovery

Question 19

In particular what did the 2011 government consultation paper ‘Solving Disputes in the County Court,’ point out?

Answer 19

That the costs of taking a case to court was more than the amount claimed

Question 20

What did the 2011 government consultation paper ‘Solving Disputes in the County Court’ propose for fixed costs?

Answer 20

-to be extended to other personal injury claims up to £25,000 or even £50,000

Question 21

What did the 2011 government consultation paper ‘Solving Disputes in the County Court’ propose for cases below the small claims limit?

Answer 21

-to have attempted settlement by mediation before being considered for a hearing

Question 22

What did the 2011 government consultation paper ‘Solving Disputes in the County Court’ propose for introducing mediation information?

Answer 22

mediation information sessions for claims above the small claims limit to try to divert more cases into alternative dispute resolution

Question 23

What did the 2011 government consultation paper ‘Solving Disputes in the County Court’ propose for upper level small claims?

Answer 23

to increase upper level small claims to at least £10,000

Question 24

Effect of 1999 terms? (4)

Answer 24

• cases settle earlier
• initial costs are high
• delays are getting shorter
• courts strict on timetables

Question 25

1999 reforms : 6?

Answer 25

• 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