Ten Years of Civil Justice
A review of the success and failings of Lord Woolf’s reforms
This year we mark the tenth anniversary of the Civil Procedural Rules (CPR). Before the new rules were introduced, civil litigation was seen as too slow, expensive, uncertain and adversarial. The implementation of the CPR was the result of Woolf’s famous “Access to Justice” report, commissioned in 1994. The name of the report speaks volumes and supports the view that the old rules of civil litigation were not delivering justice. So ten years on, have things changed for the better?
The rise and rise of litigation?
The struggle for equality is something that women have faced throughout the centuries. In the early 20th century, for example, the suffragettes undertook the task of protesting in order that the British Government would give women the right to vote. Some feminists even burned their bras in protest during the 1960s in a bid to end repression and to gain the same rights that men have had through the centuries. Equality is a battle that is still ongoing for women, in particular in the case of equal pay and employment opportunities.
A final update before the new Supreme Court replaces the House of Lords
Annette Goss, Lorraine Richardson and Michael Taylor. Published by The Law Society. ISBN-13: 978-1-85328-938-5.
As we are currently experiencing one of the worst recessions for many years, most companies are finding it hard to deal with the everyday decisions and financial hardship that seem to be part and package of these times. Much of the financial hardship appears to be as a result of other companies encountering difficulties over settling their bills, and this can even lead to the companies becoming insolvent. In turn, companies who had released goods to these companies on credit terms find that they are out of pocket when the company becomes insolvent.
In 1998, a decision was made that was seen as very controversial at the time – to abolish the right to legal aid in personal injury law cases. This eventually came into effect in 2000. The main reason this cut-off was deemed necessary was because an average of 700,000 claimants a year in this area of law alone meant that the cost to the public purse was soaring out of control.
Earlier this year we covered the law surrounding assisted suicide, and at that time we did state that more definite clarity was required for people who wanted their loved ones to accompany them on trips abroad. The Suicide Act 1961 already clearly states that if anyone aids, abets, counsels or procures someone else’s suicide, they could face a term of imprisonment of up to 14 years. Therefore we are all aware of how the law works with regards to this country; however, it was how this Act of Parliament would extend to cover people travelling to the Dignitas Clinic in Switzerland that everyone was keen to ascertain.
A review of recent problems in relation to wills, succession and inheritance
New laws are needed all the time to reflect the changes in social conventions and what society considers acceptable. The activities or choices of people that may have been intolerable to others 50 years ago may now be widely acceptable, and laws need to evolve to accommodate the changes in society.
There have, in recent years, been mounting calls for the creation of a new free-standing Supreme Court. This court would separate the highest appeal court from the second house of Parliament (the House of Lords). On 12 June 2003 the Government announced its intention to do so, and eventually the Constitutional Reform Act 2005 was enacted. This Act paved the way for the creation of a new Supreme Court for the United Kingdom. Below we examine the existing system and consider what will change (if anything) when the new Supreme Court opens for business this year in October.