Civil Process and Civil Procedure Rules

Question 1

The Civil Procedure Act 1997 was passed to implement what?

Answer 1

• The Woolf Report

Question 2

When did the new civil procedure rules come into effect?

Answer 2

• April 1999

Question 3

What were the four main criticisms that Lord Woolf made of the old civil justice system?

Answer 3

• Cost
• Delay
• Complexity
• Too adversarial

Question 4

What was Lord Woolf’s philosophy? (2)

Answer 4

• That the adversarial process is not suitable for civil law

- Litigation should be a last resort and we must promote cooperation and settlement in an inquisitorial way

Question 5

Lord Woolf’s goal was a fundamental change of culture. He stated that a civil justice system should what? (6)

Answer 5

• Be just in the results it delivers
• Be fair in the way it treats litigants
• Deal with cases at a reasonable speed
• Be understandable to those who use it
• Be effective and adequately resourced and organised
• Offer appropriate procedures at a reasonable cost

Question 6

Lord Woolf’s reforms can be split into four broad areas. What are they? (4)

Answer 6

• Simplification of procedures
• Judicial case management
• Pre action protocols
• Encouragement of ADR

Question 7

How have the procedures been simplified? Examples? (2)

Answer 7

• Simplification of language e.g plaintiff became claimant and minor became child
• Simpler forms e.g the N1 claim form is now the standard form used for claims and is accessible online

Question 8

What are some examples of active case management? (3)

Answer 8

• Encouraging cooperation
• Encouraging ADR
• Making use of technology

Question 9

Why active case management? (3)

Answer 9

• Encourages more inquisitorial system
• Makes the system less daunting
• Reduces the need for legal representation

Question 10

What are the options on the 3 track system?

Answer 10

• Small claims
• Fast track
• Multi track

Question 11

Describe the small claims track. Value up to? Personal injury claims? Which court? Legal representation?

Answer 11

• Value up to £10,000
• Personal Injury claims up to £1,000
• Court = County court + District Judge
• Legal representation NOT recommended

Question 12

Describe the fast track. Value? Personal injury claims? Which court? Legal representation?

Answer 12

• Value up to £25,000
• Personal injury claim £1,000-£15,000
• Court - County Court + Circuit Judge
• Legal representation optional

Question 13

Describe the multi track. Value? Personal injury claims? Which court? Legal representation?

Answer 13

• Value over £25,000
• Personal injury claims over £15,000
• County court or high court
• Legal representation recommended

Question 14

What is set out in part 35 CPR? (2)

Answer 14

• Expert evidence is being reduced significantly because expensive and often contributes to delay
• In most cases, the court will encourage a single joint expert to act for both sides

Question 15

What are part 36 CPR offers designed for?

Answer 15

• To settle disputes without going to court

Question 16

Who can make a part 36 offer? What happens if it is accepted? What happens if it is refused? (3)

Answer 16

• Both sides can make a part 36 offer
• If it is accepted by the other side, the claimant is entitled to their costs up to that date
• If the offer is refused and the refusing party is subsequently awarded less by the court, sanctions can be made by the court against them

Question 17

What are pre action protocols? What is their aim? (2)

Answer 17

• Guidelines that are not compulsory, but are expected to be followed by the court
• They aim to get parties to settle outside of court, thus reducing costs and delay

Question 18

Each category has its own set of pre action protocols. What are some examples of pre action protocols for clinical disputes and personal injury cases? (3)

Answer 18

• Detailed letters of claim
• An agreement on the number of expert witnesses (part 35 CPR)
• Use of ADR

Question 19

What is the point of protocol? (3)

Answer 19

• Preparation for the trial
• Attempts to settle
• Keeps costs down

Question 20

How can judges fulfil their obligation under Part 1 overriding objective?

Answer 20

• By encouraging parties to use ADR where appropriate

Question 21

What was decided in Halsey v Milton Keynes NHS Trust (2004)?

Answer 21

• The Court of Appeal said the courts cannot force parties to ADR as it might be against Article 6 of the European Convention on Human Rights - the right to a fair trial

Question 22

What is the overriding objective of the Civil Procedure Rules? (2)

Answer 22

• To enable the court to deal with cases ‘justly’

- Courts must further this objective by managing cases ‘actively’

Question 23

What is the fifth method of ADR?

Answer 23

• Tribunals

Question 24

How did Woolf change things? (6)

Answer 24

• Appropriateness of procedures - the track system allows appropriate procedure for each case
• Speed and efficiency - pre action protocols make court quicker and easier
• Effectiveness, adequate resources and organisation - agreement on joint single expert (part 35) + part 36 offer
• Simplifying language
• Use of ADR
• Active case management

Question 25

What are the positives of the Woolf reforms? (5)

Answer 25

• Fairer system overall
• Track system makes things easier and allows people to settle cases on their own
• Single joint experts have worked
• Part 36 offers to settle have worked
• Adverse cost penalties do work to encourage people to settle

Question 26

What are the negatives of the Woolf reforms? (4)

Answer 26

• Active case management tends to increase costs
• New rules encourage inconsistent decision making
• No real impact on saving time
• Pre action protocols are not mandatory