Woolf Reform

Question 1

Woolf Reform

Answer 1

Access to justice report 1996
led to access to justice 1999

Question 2

How many recommendations did he make

Answer 2

303

Question 3

4 problems identified

Answer 3

-expense
-delay/3 to 5yrs
-complexity
-adversarial/exploitive
This lead to civil procedure rules 1998

Question 4

Rule 1 CPR overriding objective

Answer 4

-Civil Procedure act 1997
-enabling the court to deal with cases justly and at proportionate cost

Question 5

Simplification: 3 track system

Answer 5

-small claims: PI is 1K and V is 10K
-fast track: PI is 1K to 15K and V is 25K
-multi track: PI is over 15K and V is over 25K

Question 6

Simplification: language

Answer 6

-plaintiff now claimant
-minor now child
-writ now claim form N1

Question 7

Judicial case management

Answer 7

-encouragement to settle
-Part 36 offer: if not accepted and award is less than the offer they can be sectioned
-active case management
-Part 35 single joint expert works on both sides

Question 8

Pre action protocol

Answer 8

-encourage to settle so you don’t go to court

Question 9

Encouragement of ADR

Answer 9

-postpone proceedings for a month to see if ADR works
-court can not force this due to art 6 human rights
-Halsey v Milton Keynes NHS Trust 2004

Question 10

Micheal Zander review

Answer 10

-does not like Woolfs reform
-adversarial nature gotten better
-complexity
-he states delays and costs have got worse, pressure on lawyers
-could be due to economic position of economy