DR – WS1 Pre Action Steps TIFF LIAO
Chapter 1 – Intro to Civil Litigation Page 1
1.1 THE WOOLF AND JACKSON REFORMS
- The nature of civil litigation in England and Wales changed fundamentally on 26 April 1999, when the Civil Procedure Rules 1998
(CPR 1998) (SI 1998/3132) came into force.
- These Rules are the courts’ attempt to implement the ‘Woolf Reforms’, as set out in Lord Woolf ’s report, Access to Justice, which
was published in 1996.
- The philosophy behind this report was that the litigation system at the time was too expensive, too slow and incomprehensible to
many litigants.
- In April 2013, following a comprehensive review of the system by Lord Justice Jackson, further extensive changes were introduced
aimed at enhancing the courts’ powers to control the costs of litigation and permitting different methods of funding for civil cases.
OVERRIDING OBJECTIVE
- Lord Woolf hoped that his proposed reforms, now enshrined in the CPR 1998, would lead to a civil justice system that was:
just in the results it delivered,
fair in the way it treated litigants, and
easily understood by users of that legal system.
- It was hoped that the new system would also provide appropriate procedures at a reasonable cost which could be completed within
a reasonable timescale.
- In particular, he thought it necessary to transfer the control of litigation from the parties to the court.
- The court would then determine how each case should progress by:
making appropriate directions,
setting strict timetables and
ensuring that the parties complied with them,
backed up by a system of sanctions which the court could impose itself without the need for an application by any party.
- The overriding objective of the reforms is set out in RULE.1 of CPR 1998:
(1) These Rules are a procedural code with the overriding objective of enabling the court to deal with cases justly
and at proportionate cost.
(2) Dealing with a case justly and at proportionate cost includes, so far as is practicable—
(a) ensuring that the parties are on an equal footing and can participate fully in proceedings, and that
parties and witnesses can give their best evidence;
(b) saving expense;
(c) dealing with the case in ways which are proportionate—
(i) to the amount of money involved;
(ii) to the importance of the case;
(iii) to the complexity of the issues; and
(iv) to the financial position of each party;
(d) ensuring that it is dealt with expeditiously and fairly;
(e) allotting to it an appropriate share of the court’s resources, while taking into account the need to allot
resources to other cases; and
(f) enforcing compliance with rules, practice directions and orders.
Court could ensure compliance with OO where the representatives could be said to be unequal
e.g. ensure a level playing field is achieved in big firm vs small firm by giving the latter more time, or in the preparation
of the trail bundles, the court could direct the larger firm to prepare them
Court has power to prevent a party being unfairly required to pay excessive costs because the other party has
instructed unreasonably expensive advisers
1
TIFF LIAO
, DR – WS1 Pre Action Steps TIFF LIAO
Chapter 1 – Intro to Civil Litigation Page 1
1.2 THE RULES
SCOPE The CPR 1998 apply to all proceedings in the COUNTY COURT, High COURT and the CIVIL DIVISION of the Court of Appeal,
EXCEPT the following proceedings:
Insolvency
Family
Adoption
Before the Court of Protection
Non-contentious probate
Where the HC acts as a Prize Court (e.g. Admiralty)
Election petitions in the HC
= the CPR 1998 apply to virtually ALL types of civil litigation proceedings in England and Wales.
It is important to note that the CPR 1998 ONLY apply as to how the relevant court proceedings are
conducted and NOT to how the court should interpret and apply any relevant substantive law (see Cowan
v Foreman [2019] EWCA Civ 1336).
PRACTICE - To understand and interpret the Rules correctly, it is necessary also to look at the Practice Directions which
DIRECTION supplement the Rules.
- In some cases, the Practice Direction (PD) for a particular Rule is more expansive than the Rule itself.
- In a sense, the Practice Direction puts flesh on the bare bones of the Rule.
- When conducting civil litigation, it is essential always to check the wording of any relevant Rule or Practice
Direction as there are frequent amendments.
2
TIFF LIAO
Chapter 1 – Intro to Civil Litigation Page 1
1.1 THE WOOLF AND JACKSON REFORMS
- The nature of civil litigation in England and Wales changed fundamentally on 26 April 1999, when the Civil Procedure Rules 1998
(CPR 1998) (SI 1998/3132) came into force.
- These Rules are the courts’ attempt to implement the ‘Woolf Reforms’, as set out in Lord Woolf ’s report, Access to Justice, which
was published in 1996.
- The philosophy behind this report was that the litigation system at the time was too expensive, too slow and incomprehensible to
many litigants.
- In April 2013, following a comprehensive review of the system by Lord Justice Jackson, further extensive changes were introduced
aimed at enhancing the courts’ powers to control the costs of litigation and permitting different methods of funding for civil cases.
OVERRIDING OBJECTIVE
- Lord Woolf hoped that his proposed reforms, now enshrined in the CPR 1998, would lead to a civil justice system that was:
just in the results it delivered,
fair in the way it treated litigants, and
easily understood by users of that legal system.
- It was hoped that the new system would also provide appropriate procedures at a reasonable cost which could be completed within
a reasonable timescale.
- In particular, he thought it necessary to transfer the control of litigation from the parties to the court.
- The court would then determine how each case should progress by:
making appropriate directions,
setting strict timetables and
ensuring that the parties complied with them,
backed up by a system of sanctions which the court could impose itself without the need for an application by any party.
- The overriding objective of the reforms is set out in RULE.1 of CPR 1998:
(1) These Rules are a procedural code with the overriding objective of enabling the court to deal with cases justly
and at proportionate cost.
(2) Dealing with a case justly and at proportionate cost includes, so far as is practicable—
(a) ensuring that the parties are on an equal footing and can participate fully in proceedings, and that
parties and witnesses can give their best evidence;
(b) saving expense;
(c) dealing with the case in ways which are proportionate—
(i) to the amount of money involved;
(ii) to the importance of the case;
(iii) to the complexity of the issues; and
(iv) to the financial position of each party;
(d) ensuring that it is dealt with expeditiously and fairly;
(e) allotting to it an appropriate share of the court’s resources, while taking into account the need to allot
resources to other cases; and
(f) enforcing compliance with rules, practice directions and orders.
Court could ensure compliance with OO where the representatives could be said to be unequal
e.g. ensure a level playing field is achieved in big firm vs small firm by giving the latter more time, or in the preparation
of the trail bundles, the court could direct the larger firm to prepare them
Court has power to prevent a party being unfairly required to pay excessive costs because the other party has
instructed unreasonably expensive advisers
1
TIFF LIAO
, DR – WS1 Pre Action Steps TIFF LIAO
Chapter 1 – Intro to Civil Litigation Page 1
1.2 THE RULES
SCOPE The CPR 1998 apply to all proceedings in the COUNTY COURT, High COURT and the CIVIL DIVISION of the Court of Appeal,
EXCEPT the following proceedings:
Insolvency
Family
Adoption
Before the Court of Protection
Non-contentious probate
Where the HC acts as a Prize Court (e.g. Admiralty)
Election petitions in the HC
= the CPR 1998 apply to virtually ALL types of civil litigation proceedings in England and Wales.
It is important to note that the CPR 1998 ONLY apply as to how the relevant court proceedings are
conducted and NOT to how the court should interpret and apply any relevant substantive law (see Cowan
v Foreman [2019] EWCA Civ 1336).
PRACTICE - To understand and interpret the Rules correctly, it is necessary also to look at the Practice Directions which
DIRECTION supplement the Rules.
- In some cases, the Practice Direction (PD) for a particular Rule is more expansive than the Rule itself.
- In a sense, the Practice Direction puts flesh on the bare bones of the Rule.
- When conducting civil litigation, it is essential always to check the wording of any relevant Rule or Practice
Direction as there are frequent amendments.
2
TIFF LIAO
