In our second article reviewing the pending reforms to litigation procedure, we will consider how justice will be accessed under a reformed system.
This article might create a strong sense of déjà vu for any litigator because civil procedure has been here before. The briefest look at history shows that in the last 100 years there have been 63 reports and inquiries into the civil justice system. Most of these reports focused around three perennial problems of cost, delay and complexity. If you have been following the previous Journal articles on litigation, you will already know that the two most recent reports were: - 1) Lord Woolf’s report delivered in 1995, entitled ‘Access to Justice’; and 2) Lord Justice Jackson’s report from December 2009 on civil costs.