The Civil Justice System

THE PRINCIPLES

Lord Woolf, Access to Justice (Final Report, July 1996), identified a number of principles which the civil justice system should meet in order to ensure access to justice. The system should:

(a) be just in the results it delivers;

(b) be fair in the way it treats litigants;

(c) offer appropriate procedures at a reasonable cost;

(d) deal with cases with reasonable speed;

(e) be understandable to those who use it;

(f) be responsive to the needs of those who use it;

(g) provide as much certainty as the nature of the particular case allows; and

(h) be effective: adequately resourced and organised. THE PROBLEMS

The defects Lord Woolf identified in our present system were that it is:

(a) too expensive in that the costs often exceed the value of the claim;

(b) too slow in bringing cases to a conclusion;

(c) too unequal: there is a lack of equality between the powerful, wealthy litigant and the under resourced litigant;

(d) too uncertain: the difficulty of forecasting what litigation will cost and how long it will last induces the fear of the unknown;

(e) incomprehensible to many litigants;

(f) too fragmented in the way it is organised since there is no one with clear overall responsibility for the administration of civil justice; and

(g) too adversarial as cases are run by the parties, not by the courts and the rules of court, all too often, are ignored by the parties and not enforced by the court.

THE BASIC REFORMS

A system is needed where the courts are responsible for the management of cases. The courts should decide what procedures are suitable for each case; set realistic timetables; and ensure that the procedures and timetables are complied with. Defended cases should be allocated to one of three tracks:

(a) an expanded small claims jurisdiction with a financial limit of 3,000;

(b) a new fast track for straightforward cases up to 10,000, with strictly limited procedures, fixed timetables (20-30 weeks to trial) and fixed costs; and

(c) a new multi track for cases above 10,000, providing individual hands on management by judicial teams for the heaviest cases, and standard or tailor made directions where these are appropriate.

Lord Woolf's Inquiry was also asked to produce a single, simpler procedural code to apply to civil litigation in the High Court and county courts. The Final Report was accompanied by a draft of the general rules which would form the core of the new code.

THE NEW LANDSCAPE

Lord Woolf stated that if his recommendations are implemented the landscape of civil litigation will be fundamentally different from what it is now. The new landscape will have the following features:

(a) Litigation will be avoided wherever possible. People will be encouraged to start court proceedings to resolve disputes only as a last resort, and after using other more appropriate means when available.

(b) Litigation will be less adversarial and more co-operative. There will be an expectation of openness and co-operation between parties from the outset, supported by pre-litigation protocols on disclosure and experts.

(c) Litigation will be less complex. There will be a single set of rules applying to the High Court and the county courts. The rules will be simpler.

(d) The timescale of litigation will be shorter and more certain. All cases will progress to trial in accordance with a timetable set and monitored by the court.

(e) The cost of litigation will be more affordable, more predictable, and more proportionate to the value and complexity of individual cases. There will be fixed costs for cases on the fast track. Estimates of costs for multi track cases will be published or approved by the court.

(f) Parties of limited financial means will be able to conduct litigation on a more equal footing. Litigants who are not legally represented will be able to get more help from advice services and from the courts.

(g) There will be clear lines of judicial and administrative responsibility for the civil justice system. The Head of Civil Justice will have overall responsibility for the civil justice system.

(h) The structure of the courts and the deployment of judges will be designed to meet the needs of litigants. Heavier and more complex civil cases will be concentrated at trial centres which have the resources needed, including specialist judges, to ensure that the work is dealt with effectively.

(i) Judges will be deployed effectively so that they can manage litigation in accordance with the new rules and protocols. Judges will be given the training they need to manage cases.

(j) The civil justice system will be responsive to the needs of litigants. Courts will provide advice and assistance to litigants through court based or duty advice & assistance schemes, especially in courts with substantial levels of debt and housing work.

IMPLEMENTATION OF LORD WOOLF'S REFORMS

Some of Lord Woolf's interim proposals were implemented even before the Final Report.

(a) Sir Richard Scott V-C was appointed as Head of Civil Justice to take overall management control of the reforms proposed by Lord Woolf. (Lord Woolf was appointed Master of the Rolls in 1996.)

(b) The small claims limit was raised to 3,000 as of 8 January 1996.

(c) The Civil Procedure Act 1997 gave the Lord Chancellor the power to establish a Civil Procedure Rule Committee with the power to make rules of court for all civil, non-family, litigation. The CPRC is now active (with its own web site). The official Civil Procedure Rules were published on 29 January 1999.

THE WAY FORWARD

The Lord Chancellor announced his package of Civil Justice Reforms at the Solicitor's Annual Conference on 18 October 1997:

(a) The small claims limit should be increased to 5,000, but personal injury cases up to 1,000 will remain within the small claims procedure.

(b) The Fast Track and Multi-Track will be introduced, to support the principle and operation of judicial case management.

(c) The Fast Track limit should be 15,000.

(d) Personal injury cases between 1,000 and 15,000 will go into the Fast Track.

(e) The Fast Track will be supported by a fixed costs regime.

(f) The civil court fee structure will be revised to complement the new procedures, improving fairness to litigants.

In making his announcement, Lord Irvine said he believed the reforms would successfully tackle the unacceptable levels of delay, complexity and cost attached to the current system. They would also promote certainty and fairness for litigants.

The reforms were implemented on 26 April 1999.

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Categorized under Business | Difference Between Civil and Common Law

Civil vs Common Law Civil law has its features compiled and codified into a collection for ready reference. It is inspired by the Roman law. On the other hand common law has its rules and regulations administered by judges and vary on a case to case basis.

The basis premonition for civil law is allowing easy accessibility to all citizens to its code of conduct which is well written. Judges have to follow the written word. This is the oldest legal framework in the world which is still existent in practice today. The source for civil law is finely prescribed in a set of standard rules and regulations suitable for any subject matter. This compendium is arranged in a classified order. It may be termed as a collection of similar articles written in staccato style.

The legislature s enactment creates the law codes which covers all the former statutes pertaining to the subject including necessary changes amended by the court from time to time. In fact, in certain cases, this results into the creation of a new legal concept. Common and Islamic law are the other two legal systems available for recourse. Napoleon Bonaparte introduced Code Napoleon, which is a good model of civil law. This code comprises of the following components:

Persons

Forms of ownership Ways of acquiring ownership Civil law is often referred as Roman or Romano-German law. The term civil law is the English translation of the Latin term Jus Civile meaning citizen s law that was the term used to describe its judiciary. On the contrary, the term common law was coined in England by the Anglophone people to describe their legal framework.

The main difference between the two is that customs dictate common law whereas civil law is written and which has to be abided by the courts. However, codification is not any means to classify civil law into a separate entity. The basic difference between civil and common law is in its methodological approach towards statutes and codes besides the difference in codification. Countries that follow the civil law system of jurisdiction, legislations are the main law source. This means that all the courts and judges make their final judgement based on the statutes and codes that are laid out for deriving a solution for similar problems.

The basic rules and principles have to be studied in great detail by the courts before coming to a conclusion on any civil matter. To achieve coherence, they have to sometimes draw analogies from the written down provisions for filling up the lacunae in the system. On the other hand, the case in the hand is only law source in common law and any statute is seen as a supplement to help in the decision making process. Summary: 1.Civil law was framed in France. Common law was started in England 2.Common law varies from case to case depending upon the customs of the society whereas civil law has a predefined written set of statutes and codes for reference. 3.Judgement in common law varies whereas in civil law, the judges have to strictly follow the codification written in the book.

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Marilynn Fasick September 29, 2009 12:28 am I wanted to know the difference between Civil and Common Law. I was reading a novel and learned that Louisiana was the only state that use Napoleon legal system vs. the Common law that the rest of the nation uses. I wondered how these two systems were different.

I m not a student. I m in my late sixties but I am still learning. Thanks

Reply David Dzinyanu Dzokoto November 17, 2010 8:10 pm I have receive the diference between and i know this will expand my knowledge and to learn more. I am so much happy. I hope to get more on different topics.

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Read more: Difference Between Civil and Common Law | Difference Between | Civil vs Common Law http://www.differencebetween.net/business/Difference Between Civil and Common Law

Categorized under Business | Difference Between Civil and Common Law

Civil vs Common Law Civil law has its features compiled and codified into a collection for ready reference. It is inspired by the Roman law. On the other hand common law has its rules and regulations administered by judges and vary on a case to case basis.

The basis premonition for civil law is allowing easy accessibility to all citizens to its code of conduct which is well written. Judges have to follow the written word. This is the oldest legal framework in the world which is still existent in practice today. The source for civil law is finely prescribed in a set of standard rules and regulations suitable for any subject matter. This compendium is arranged in a classified order. It may be termed as a collection of similar articles written in staccato style.

The legislature s enactment creates the law codes which covers all the former statutes pertaining to the subject including necessary changes amended by the court from time to time. In fact, in certain cases, this results into the creation of a new legal concept. Common and Islamic law are the other two legal systems available for recourse. Napoleon Bonaparte introduced Code Napoleon, which is a good model of civil law. This code comprises of the following components:

Persons Forms of ownership Ways of acquiring ownership Civil law is often referred as Roman or Romano-German law. The term civil law is the English translation of the Latin term Jus Civile meaning citizen s law that was the term used to describe its judiciary. On the contrary, the term common law was coined in England by the Anglophone people to describe their legal framework.

The main difference between the two is that customs dictate common law whereas civil law is written and which has to be abided by the courts. However, codification is not any means to classify civil law into a separate entity. The basic difference between civil and common law is in its methodological approach towards statutes and codes besides the difference in codification. Countries that follow the civil law system of jurisdiction, legislations are the main law source. This means that all the courts and judges make their final judgement based on the statutes and codes that are laid out for deriving a solution for similar problems.

The basic rules and principles have to be studied in great detail by the courts before coming to a conclusion on any civil matter. To achieve coherence, they have to sometimes draw analogies from the written down provisions for filling up the lacunae in the system. On the other hand, the case in the hand is only law source in common law and any statute is seen as a supplement to help in the decision making process. Summary: 1.Civil law was framed in France. Common law was started in England

2.Common law varies from case to case depending upon the customs of the society whereas civil law has a predefined written set of statutes and codes for reference. 3.Judgement in common law varies whereas in civil law, the judges have to strictly follow the codification written in the book.

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See more about : civil, common, law 3 Comments

Marilynn Fasick September 29, 2009 12:28 am I wanted to know the difference between Civil and Common Law. I was reading a novel and learned that Louisiana was the only state that use Napoleon legal system vs. the Common law that the rest of the nation uses. I wondered how these two systems were different.

I m not a student. I m in my late sixties but I am still learning. Thanks

Reply David Dzinyanu Dzokoto November 17, 2010 8:10 pm I have receive the diference between and i know this will expand my knowledge and to learn more. I am so much happy. I hope to get more on different topics.

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