Monday, 11 November 2019

How did Woolf change things?

  1. Access to Justice - A report written by Lord Woolf - access to justice is about making it easier for the average person to access the courts
  2. Appropriateness of Procedures - the track system helps to make each procedure appropriate for the particular case 
  3. Proportionality - both sides having equal legal representation
  4. Speed and Efficiency - Pre Action protocols to make court quicker and easier
  5. Cost - introducing other methods to help people avoid the expense of court (ADR etc)
  6. Certainty - judicial case management/precedent
  7. Effectiveness, adequate resources and organisation - agreement on witnesses/evidence and single joint expert (part 35) and part 36 offer
  8. Simplifying the language - making the court process easier to understand by replacing some legal jargon with simple English (e.g plaintiff became claimant)
  9. Use of ADR - people tend to be more cooperative outside of court, it lowers the expense, saves time and is a good alternative to court (which also frees up the court for more pressing matters)
  10. Active case management by judges - more inquisitorial and less daunting as well as more organised
Did he change things for the better or for the worse?

 Better?
 Worse?
  • Fairer system overall
  • Track system makes things easier and allows people to settle cases on their own - small claims - lawyers not compulsory
  • Single joint experts have worked
  • Part 36 offers to settle have worked
  • Adverse costs penalties do work to encourage people to settle
  •  Case management tends to increase costs
  • New rules encourage inconsistent decision making
  • No real impact on saving time
  • Pre action protocols are not mandatory

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