THE IMPACTS OF THE WOOLF REFORMS IN THE JUDICIAL SYSTEM

Document Type:Coursework

Subject Area:Law

Document 1

The zenith and the turning point of the judicial system in the UK was the report made by Lord Woolf in 1995 entitled “Access to Justice. ” The Woolf Reforms came into force in the UK on 26 April 1999. Since its inception, the Woolf reforms have been a major success since they have reduced the cost of litigation and encouraged early settlement of disputes. The observation informed the Woolf Reforms that the justness system advertently neglected the litigator who is actually the focal point in any legal case. The found out that sensible consequences, the velocity of procedure and fairness as well as the handiness of appropriate procedures were missing in the legal system. As such, the argument that high costs do not limit the access to justice by the mundane hoi polloi is an assumption that is not based upon any solid substance.

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It is necessary to emphasize on the essentiality of entrée to justness for every citizen irrespective of their fiscal or societal position. The Woolf Reforms encouraged for Civil Procedure Rules (CPR) which shifted the initiative in the conduct of litigation from litigants to judges. In London, for example, experienced judges were deployed to ease the process of determining cases many of which had been clogged in courts for many years. The courts have been able to deal with cases in a more appropriate manner. This new concept sought to shift litigation from the litigants to the judges. It equipped judges with higher case management powers in such a manner that they could set early trial dates and move them at their discretion.

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These powers have been helpful in curtailing some frivolous and tactical applications which seek to delay the hearing and determination of cases. The CPR also encourages the involved parties to use alternative dispute resolution procedure where the courts find it appropriate. The reforms have also reduced the time for the determination of cases by changing the way in which a case can be tried. The reforms were welcomed by the judiciary, the hoi polloi, and the professionals. Despite their contribution, the reforms did not escape criticism from some quarters. Even to date, the issue of the reduction in cost is still debated. Overall the reforms were deemed triumphant as more people than before were able to access justice. Cases Nettleship v Weston [1971] 2 QB 691 Piglowska v Piglowska (1999) Bibliography Ashworth A, Principles of Criminal Law (5th edn, OUP 2006) Boyle J, The Public Domain: Enclosing the Commons of the Mind (Yale University Press 2008) Crawford J, The Creation of States in International Law (2nd edn, OUP 2006).

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