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Summary Civil Justice System 5
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Summary of 3 pages for the course Law at BU (Revision Notes)
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Civil Justice System 5 – History of Recent ReformsOptions to resolve civil dispute
Negotiate/complain/reach agreement or ADR
No agreement/ADR doesn’t work – only option way to resolve is to issue a civil claim
Recent Reforms
1998 – Woolf reforms – Civil Procedure Rules
o Aim of Civil Justice Review: improve machinery of civil justice – reduce cost, delay + complexity
o Lord Woolf found
Too expensive – often costs exceeded value of claim
Too slow – too adversarial + parties set the pace
Lack of equality between parties – wealthy have an advantage
Too uncertain – in terms of time + costs
System incomprehensible to many litigants
o Woolf: specific measures in Civil Proce4dure Rules 1998
To promote settlement/trial as last resort
Pre-action protocols – setting out cased + disclosing evidence before issuing Claim
Part 36 offers – a rule about costs if offer rejected + outcome at trial is same/better
Encouraging use of ADR
To reduce complexity
Civil Procedure Rules + single code
o Replaced old rules specific to High Court (Rules of Supreme Court)
+ County Court (County Court Rules)
Structure of rules: Different ‘Parts’ dealing with different aspect of procedure
o Rule, plus Practice Direction
To reduce costs
Case management inc allocated to one of three tracks
o Proportionate to value of claim (or complexity)
Single Joint Experts for lower value claims
Some fixed costs (cap on amount recoverable from opponent)
Part 36 offers – a rule about costs if offer rejected + outcome at trial = same/better
o Did Woolf reforms work
CPR: currently 1311 pages long
100th update on 1 Oct 2018 – concerns about delay + cost continue
o Costs shifting rule in England + Wales
General rule: unsuccessful party pays the successful party’s legal costs
Hence: Conditional Fee Agreements (CFAs) – ‘no win no fee’
Client only liable for own lawyers’ costs if wins
o ‘Champerty’ and ‘maintenance’ – common law rules used to prohibit champerty + maintenance
Maintenance: 3rd party assisting/ ‘maintaining’ another person’s litigation
Champerty: paying for litigation in return for a share of the ‘winnings’
1999 – Access to Justice Act 1999 – legal aid changes + ‘no win no fee’ agreements
o Changed legal aid/funding for personal injury claims (PI)
o PI claims make up large proportion of civil litigation cases
Most civil claims issued = money claims but PI = largest proportion for ‘damages’
o AJA 1999 removed PI from legal aid + enabled lawyers to offer ‘no win no fee’/conditional fee
agreements (CFAs)
o SS 58 and 58A:
Provided that ‘no win no fee agreements’ were enforceable
So that costs could be recovered from unsuccessful party
At same time legal aid = removed as source of funding for personal injury claims
o How are litigation lawyers paid
Solicitors: usually by the hour/fixed sums for routine items
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