On 26 April the old rules governing civil justice system will be binned (along with all the case law on those rules) and the rules in Woolf's new Brown Book will be in force - for existing cases (except those too far advanced) as well as for new ones.
The Brown Book will contain a code of practice - the pre-action protocols - for every kind of case (only the protocols for personal injury and medical negligence have been completed to date) that give litigants and their lawyers step-by-step directions. They are not mandatory, but those who fail to follow them may face stiff penalties.
Woolf's protocols are designed to weed out claims which have no chance, force defendants to show their hand immediately and stop cynical manipulation of the process.
Judges now have the power to insist on strict fulfilment by all parties with strong sanctions for non-compliance.
For further information please contact Mike Henley, e-mail: Click Contact Link , Tel: + 44 113 284 7000
This article was first published in a special supplement to 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.
The Brown Book will contain a code of practice - the pre-action protocols - for every kind of case (only the protocols for personal injury and medical negligence have been completed to date) that give litigants and their lawyers step-by-step directions. They are not mandatory, but those who fail to follow them may face stiff penalties.
Woolf's protocols are designed to weed out claims which have no chance, force defendants to show their hand immediately and stop cynical manipulation of the process.
Judges now have the power to insist on strict fulfilment by all parties with strong sanctions for non-compliance.
For further information please contact Mike Henley, e-mail: Click Contact Link , Tel: + 44 113 284 7000
This article was first published in a special supplement to 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.
