header-logo header-logo

10 years of the CPR

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

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

FOIL—Bridget Tatham

FOIL—Bridget Tatham

Forum of Insurance Lawyers elects president for 2026

Gibson Dunn—Robbie Sinclair

Gibson Dunn—Robbie Sinclair

Partner joinslabour and employment practice in London

Muckle LLP—Ella Johnson

Muckle LLP—Ella Johnson

Real estate dispute resolution team welcomes newly qualified solicitor

NEWS
Cryptocurrency is reshaping financial remedy cases, warns Robert Webster of Maguire Family Law in NLJ this week. Digital assets—concealable, volatile and hard to trace—are fuelling suspicions of hidden wealth, yet Form E still lacks a section for crypto-disclosure
NLJ columnist Stephen Gold surveys a flurry of procedural reforms in his latest 'Civil way' column
Paper cyber-incident plans are useless once ransomware strikes, argues Jack Morris of Epiq in NLJ this week
In this week's NLJ, Robert Hargreaves and Lily Johnston of York St John University examine the Employment Rights Bill 2024–25, which abolishes the two-year qualifying period for unfair-dismissal claims
Writing in NLJ this week, Manvir Kaur Grewal of Corker Binning analyses the collapse of R v Óg Ó hAnnaidh, where a terrorism charge failed because prosecutors lacked statutory consent. The case, she argues, highlights how procedural safeguards—time limits, consent requirements and institutional checks—define lawful state power
back-to-top-scroll