header-logo header-logo

02 July 2009 / Elsa Booth
Issue: 7376 / Categories: Features , CPR
printer mail-detail

10 years of the CPR

Viewpoint

Central to Lord Woolf’s vision and the new culture 10 years ago was the desire for disputes to be resolved consensually; this was addressed through imposing a duty on litigants and their representatives to assist the court in furthering the Overriding Objective (CPR 1.3).

The active pursuit of a settlement rests on CPR 1.4(1)(e) and (f)—and active case management includes “helping the parties to settle the whole or part of the case”. Yet while the interlocutory skirmishing might have abated, it remains doubtful whether cases really are managed with a view to settling.
At the LexisNexis CPR debate, held in March to mark the 10th anniversary of the introduction of the Woolf reforms, DJ Michael Walker said the pre-trial process was now less adversarial and that he felt the duty to co-operate had made a huge difference. But Sir Anthony Clarke MR, also speaking at the debate, surely came closer to the reality in his more circumspect view that the duty to co-operate was worthwhile but had not driven out the adversarial.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll