UK Law Degree legal Systems - Essay Example

He wants to address civil litigation problems by recommending that parties should enjoy equal financial footing; emphasis on separation of judicial and administrative responsibilities; that the courts and judges are more litigant-oriented; more efficient use of judges; and the civil justice system should swiftly address litigants' needs. The implementation of the first part of the civil justice reforms forwarded by Lord Woolf, began on 26 th April 1999 which included the new Civil Procedure Rules, signed by the Lord Chancellor on 10 th December 1998.

In this historic day we see the implementation of the most basic reforms to the English civil justice system for centuries, as proposed by Lord Woolf. To remedy the situation, he suggested reforms to the civil justice built around three important concepts designed to address the problems: speed, economy and proportionality. His reforms aim to 1) lessen considerably the advantage of those with money or "deep pocket;" 2) lay the blame on judges thru the "active case-management;" and 3) demand that litigants help the court attain the "Over-Riding Objective" of handling cases fairly.

The court should apply the rules to serve the overriding objective end. To attain fair haTo attain fair handling of a case requires includes making sure, as much as possible, that the parties must have equal footing; reducing expenses; handling the case "proportionately;" making sure that it is dealt with speedily; and giving it due attention at the court by allotting appropriate court resources at the same time taking care of other cases well.The reforms are intended to prevent unnecessary litigation which is exemplified by the "sue now, decide on your case later" view.

To do this, more work is demanded right at the very start. Claims are also outline in greater detail at the start.Litigants are required to sign "statements of truth" confirming the facts contained in the claim or defense document. Criminal penalties are imposed on statements which are found to be false.Aspects of the Woolf ReformsThe Issue of Costs and Proportionality. One of the most important aspects introduced in the Woolf reforms is the steps taken to be sure that the cost of litigation is decreased.

The idea of "proportionality" is vital to the Woolf Reforms: the fees payable by the parties in any legal action must be proportional to the issues in dispute and the amount that the claim is worth.As a result, courts are required to handle each case, if possible, in ways which are proportionate with regards to the following criteria: the amount of money involved; the importance of the case; the complexity of the issues; and the financial capabilities of each party. Two bases are used to recover costs: the "standard basis" and the "indemnity basis.

" If the amount of costs is assessed using the standard basis, the court will: (1) only permit costs which are proportionate to the case; and (2) determine whether costs are reasonable and proportionate.Conditional Fee