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

NLJ Career Profile: Ling Ong, London Market FOIL

NLJ Career Profile: Ling Ong, London Market FOIL

Ling Ong, partner at Weightmans and president of London Market FOIL, discusses her biggest inspirations, the challenges of AI and the importance of tackling unconscious bias

DWF—Imogen Francis

DWF—Imogen Francis

Director and head of IP team joins in Birmingham

Penningtons Manches Cooper—five promotions

Penningtons Manches Cooper—five promotions

Firm boosts partnership and costs practice with five senior promotions

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
back-to-top-scroll