The K-Zone: Woolf report
Published in 1996, Lord Woolf's report ``Access to Justice''
set out a number of problems with the existing civil
justice system, and made several hundred recommendatations for
its improvement. The report was adopted by the Government and
implemented in a number of measures, notably the
CivilProcedureAct1997. This Act established the
Civil Procedure Rules Committee with authority to define
rules for all civil litigation (except family proceedings).
The first official
CivilProcedureRules were published in January 1999,
and substantially modify the way that civil actions are processed.
Among the various problems identified by the report were the
following.
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Civil litigation is too slow and too expensive
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Wealthy litigants enjoy a disproportionate advantage
over those of more modest means
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It is difficult to predict in advance how long litigation
will take and, therefore, what it will cost
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The language used in the description of the litigation
procedure is difficult to understant, especially for
non-lawyers
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No single body has overall responsibility for the whole
system, so different procedures apply to different courts
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The process of litigation is run by the litigants, not by
the courts. Rules of Court are often flouted without penalty.
The most important significant reforms include the following.
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The division of claims into three `tracks': a
`SmallClaims track'
for claims of up to 3000, a `Fast-track' for claims
of 5000 to 15000, and a `Multi-track'
for more expensive or complex claims (small claims are limited to
1000 in personal injury cases)
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Unification of claims procedures in the High Court and the
county courts (the CivilProcedureRules)
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Encouragement of AlternativeDisputeResolution
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Strict timetabling of litigation
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Cases to be managed by judges rather than litigants; the
use of `case management conference' to decide preliminary
issues
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Increased use of information technology
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Claimants to be allowed to offer to settle cases, as well
as defendants
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