On 26 April 1999 the existing court rules for dealing with disputes will be replaced by reforms devised by former Lord Chancellor, Lord Woolf. They comprise a new code which aims to deliver justice more quickly and cheaply than before.
Courts will have more power and flexibility when dealing with cases. Disputing parties will have to co-operate with one another and the court, with severe cost penalties imposed upon those who do not. Heavy emphasis will also be placed upon the use of alternative dispute resolution techniques.
If the courts are given the resources they will need to implement these rules, the change should be good for business. Disputes will be resolved sooner rather than later with less waste of time and money. In particular:-
These wholesale root and branch changes, if the theory is carried out in practice, will at last begin to make justice available and applicable to today's businesses.
For further information please contact Liat Shimron, e-mail: Click Contact Link , 7 Devonshire Square, Cutlers Gardens, London EC2M 4YH, UK, Tel: + 44 171 655 1000
This article was first published in the March 1999 Hammond Suddards Commercial Dispute Resolution Newsletter
The information and opinions contained in this article are provided by Hammond Suddards. They should not be applied to any particular set of facts without appropriate legal or other professional advice.
Courts will have more power and flexibility when dealing with cases. Disputing parties will have to co-operate with one another and the court, with severe cost penalties imposed upon those who do not. Heavy emphasis will also be placed upon the use of alternative dispute resolution techniques.
If the courts are given the resources they will need to implement these rules, the change should be good for business. Disputes will be resolved sooner rather than later with less waste of time and money. In particular:-
- More preparation will be required before proceedings can be issued in order to discourage spurious claims;
- Parties will have to sign a statement of truth (which should encourage realism). If any part of that statement turns out to be untrue they may be liable for contempt of court;
- There will be a fast track for claims for £15,000 or less, which aims to get cases on for trial within 40 weeks;
- Case management conferences, attended by clients, will take place at an early stage and, initially, address the applicability of mediation;
- All matters arising during the course of the proceedings should be handled by the same judge, for consistency and continuity.
These wholesale root and branch changes, if the theory is carried out in practice, will at last begin to make justice available and applicable to today's businesses.
For further information please contact Liat Shimron, e-mail: Click Contact Link , 7 Devonshire Square, Cutlers Gardens, London EC2M 4YH, UK, Tel: + 44 171 655 1000
This article was first published in the March 1999 Hammond Suddards Commercial Dispute Resolution Newsletter
The information and opinions contained in this article are provided by Hammond Suddards. They should not be applied to any particular set of facts without appropriate legal or other professional advice.
