civil process : lord woolf

• Civil process prior to lord woolf

  Before 1996, the procedure to sue someone was very complex. Lord woolf reviewed the civil justice system and wrote all the problems into a report known as the lord woolf report. He found 6 major problems in the civil justice system : complex, adversarial, unjust, too much emphasis on oral evidence, delays and expense. Claimants would spend lots of money in taking claims to court and this often meant the amount of damages awarded would be less than the amount they spent in the first place. Also, it would take a few years before cases were heard in court.
• Civil procedure rules

  The civil procedure rules/act 1997 created a set of rules that dictated how the civil justice system should be run. The rules were parties on an equal footing, saving expenses, dealing with cases proportionately, dealing with cases quickly and fairly and finally having sufficient resources. Following this act, the access to justice act 1999 was created to implement the civil procedure rules by creating 5 major reforms : simplified procedure, pre action protocol, case management, sanctions and the track system. 
• Simplified procedure

  Simplified procedure was implemented to provide a common procedural code for the county and high court. Previously, there were two routes : white book and summons for the county court and green paper and writ for the high court. This was very confusing for claimants. Following the access to justice act 1999, there is now only one route to suing someone by filling out an N1 claim form. This links with the civil procedure rules that cases are dealt with justly and fairly as it makes the system less complex. It also helps put parties on an equal footing.
• Pre action protocal

  Pre action protocol was created to encourage parties to cooperate with each other. An example of this is alternative dispute resolution. Pre action protocols are designed to encourage parties to exchange as much information as early as possible, be in contact and cooperate over the exchange of information. The overall aim is to get parties to settle outside of court therefore reducing delays and costs. This links with the civil procedure rules of ensuring cases are dealt with justly and fairly and saving expenses.
• Case management

  Case management was one of the most important reforms as it allowed judges to become managers of cases. With proactive powers to set timetables and sanctions for parties that don't cooperate. The overall aim is to pass the management of the case to the court from the parties. This should improve efficiency and reduce costs. This links with the civil procedure rules as it ensures parties will be on an equal footing as judges are helping under represented parties. It makes the system less adversarial as judges become actively involved
• Sanctions

  Sanctions were implemented due to judges taking on the role of managers and given the power to distribute sanctions to parties that don't cooperate. The two sanctions are adverse award costs and order for the case to be struck out. This links with the civil procedure rules as cases are dealt with proportionately and also gives the case sufficient resources. It also helps to reduce delays and improve efficiency as parties know there will be consequences if they don't follow timetables.
• Track system

  The small claims track is for claims up to £10,000 (1,000 for personal injury). Representation is not recommended and it will be heard in the county court with a district judge. Fast track is for claims from £10,000-25,000 (£1,000-£15,000 for personal injury). Representation is optional and the case will  be heard in the county court with a district judge. Multi track if for claims over £25,000 (over £15,000 for personal injury). Representation is recommended and it will be heard in the high or county court.