Civil Justice System Essay

2217 Words Apr 26th, 2011 9 Pages
University of London
Common law reasoning and institution

Essay title: ‘This is the Court of Chancery… which gives to monied might the means abundantly of wearying out the right; which so exhausts finances, patience, courage, hope; so overthrows the brain and breaks the heart; that there is no tan honorable man among its practitioners who would not give – who does not often give – the warning, “Suffer any wrong that can be done you, rather than come here”.’ (Charles Dickens, Bleak House, 1853, Penguin Classics 1971: 51)
To what extent, if any, does this warning hold true today in the civil justice process?

The civil justice system is designed to sort out disputes between individuals or organizations. One party, known as the
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The recommendations he formulated form the basis of major changes to the system that came into effect in April 1999. David Gladwell, head of the Civil Justice Division of the Lord Chancellor’s Department (LCD), stated (Civil Litigation Reforms, 1999, LCD, p1) that these changes represent ‘the greatest change the civil courts have seen in over a century’.
When Lord Woolf began his examination of civil law process, the problems facing those who used the system were many and varied. His interim report published in June 1995 identified these problems. He noted:’…the key problems facing civil justice today are cost, delay, and complexity. These three are interrelated and stem from the uncontrolled nature of the litigation process…. Just as the problems are interrelated, so too are the solutions, which I propose are interdependent. In many instances the failure of previous attempts to address the problem stems not from the solutions proposed but from their partial rather than their complete implementation [Access to Justice, Interim Report of Lord Woolf, 1995]. Research carried out for Lord Woolf’s report found out that in 40% of claims under 12,500 pound sterling, one side’s costs exceeds the amount in dispute. This is also because of the complexity of the process which makes appointing a lawyer compulsory, increasing

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