The new Woolf regime is upon us. From 26 April 1999 civil disputes commenced in the English Courts will be subject to a completely new set of rules, the Civil Procedure Rules - known commonly as the "Woolf Rules", and most existing disputes will become subject to them in due course. The aim of the reforms are ambitious. As expressed by the Lord Chancellor, it is to "try and change the whole culture, the ethos, applying in the field of civil litigation." Lord Woolf (The Master of the Rolls - i.e. the senior judge in the Court of Appeal and the architect of the reforms) has identified the key problems in the existing system as cost, delay and complexity. The new system has been designed to try to keep these under control, primarily by simplifying the rules and introducing greater judicial control.
The overriding objective of the new Rules is to enable the Courts to deal with cases justly. Insofar as practicable, this includes:
- ensuring the parties are on an equal footing;
- saving expense and dealing with cases in a way which is proportionate to the value of the claim, the importance of the case and the financial position of the parties;
- ensuring that cases are dealt with expeditiously and fairly; and
- that each case is allocated an appropriate share of the Court’s resources.
The Rules introduce many changes in the practice and procedure of litigation, for example, with a certain degree of fondness we will bid farewell to the "Writ", the "Plaintiff" and "Pleadings". In their place we will welcome, with only a hint of regret, the "Claim Form", the "Claimant" and "Statements of Case", as well as meeting more serious concepts such as the ability of the Court to impose penalty interest in certain circumstances.
The ability of the parties to control the timing and conduct of litigation is radically limited by the new Rules, with, for example, strict controls on the time for service of pleadings and limitations on the ambit of discovery.
It is anticipated that the reforms will result in a front-loading of work (and so costs), as cases will need to be more fully prepared before the issue of a Claim Form - particularly as litigants will now have to sign statements of truth in relation to their pleadings. The system should, however, provide for speedier and more cost-effective litigation.
This note is intended to provide general information about some recent and anticipated developments which may be of interest. It is not intended to be comprehensive nor to provide any specific legal advice and should not be acted or relied upon as doing so. Professional advice appropriate to the specific situation should always be obtained.
