evaluation of woolf reforms

• give the advantages relating to cost

  -protocols = reduced costs
• give the disadvantages relating to costs

  -litigation = still expensive

  -more work required at early stage = increased costs

  -case management adds to lawyer's work hours = increasing costs

  -Lord justice Jackson's preliminary report = costs increased as result of front-loading
• give the advantages relating to delays

  -settlement has become quicker = 170 days pre-woolf, 123 days post woolf

  -by subjecting large claims to court timetables = speed is quicker

  -70% cases settle before going to court

  -av wait time from claim to trial reduced from 85 weeks (1998) to 52 (2005)
• give the disadvantages relating to delays

  -case management = 20 hour increase in lawyer's work

  -T Goreily et al's report = wait time same before & after reforms
• give the advantages relating to complexity

  -protocols = better case prep, co-operative attitudes between parties, more voluntary disclosure

  -protocols = encouraged parties to focus on key issues at early stage = greater openness
• give the disadvantages relating to complexity

  -Lord Phillip = into of IT failed to go hand in hand with reforms

  -increased judicial discretion = inconsistent & unappealable decisions

  -procedural timetables for fast track fail due to firms not adhering to them
• give the advantages in terms of adversarial nature

  -culture = less adversarial = earlier settlements