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civil justice system

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  • Course
  • English legal system
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  • City University (City)
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  • Elliott

very in-depth and clear lecture notes from student at city university of London studying the English legal system. I personally revised from these notes and achieved a 2:1 in this module.

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  • July 6, 2020
  • 4
  • 2018/2019
  • Class notes
  • Unknown
  • All classes

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  • english legal system

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Civil justice system
The civil courts




Evolution of the civil justice system

Civil justice review 1988- recognised high court was slower and more expensive than country court.

Reforms in courts and legal services act 1990- more cases going to county court…still problems

Lord Woolf

Problems with the civil justice system before April 1999

 Too expensive

In 40% of small claims (£12,500 or less) the legal costs exceeded the sum claimed.

 Delay

Very slow: incident giving rise to claim—to trial = 3years for county court and 5 years for high court

 Adversarial process

Encouraged tactical manoeuvring rather than cooperation

 Emphasis on oral evidence

Inefficient

 Enforcement

Civil justice system after April 1999

 New civil procedure rules and accompanying practice directions came into force.
 Introduced Lord Woolf’s main recommendations.
 Aims to reduce: cost, delay, complexity
 Woolf suggested reforms could reduce costs by 75%

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