The impact of time on POJs

Question 1

How does time uphold fairness

Answer 1

Courts and tribunals can adapt processes to meet the needs of the parties so they can participate while still remaining impartial. Ensuring the parties are focused on resolving the issues in dispute, and the court can focus on what is required to resolve the dispute.

Question 2

How does time uphold equality

Answer 2

–> Case management powers and any directions given to parties apply equally to the parties in the dispute unless the judge or magistrate directs otherwise.

–> Some case management powers can be directed not only to addressing delays but also addressing the impact that some delays will have on vulnerable parties; for example, an order may be made to limit discovery so that one party is not expected to review millions of documents.

Question 3

How does time uphold access

Answer 3

Some case management powers are focused on reducing the time it takes for a matter to be resolved. Limiting the impact that delays can have on the resolution of a dispute, allowing parties to engage with the issues in dispute on an informed basis.

Question 4

How does time not uphold fairness

Answer 4

Delays can affect the reliability of evidence and can limit the ability of a witness to participate in the civil justice system, jeopardising a fair outcome.

Question 5

How does time not uphold equality

Answer 5

Delays can have a serious impact on more vulnerable parties (for example, an injured person with little to no money).

Question 6

How does time not uphold access

Answer 6

–> Delays may force parties to settle or withdraw their claim, frustrated by the loss of time or unable to continue without settlement.

–> The reality of possible delays may deter people from pursuing a civil claim.