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25 November 2010 / David Greene
Issue: 7443 / Categories: Opinion
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Back to the future

The administrative and political classes appear to turn their attention to civil justice every 10 years...

Woolf & Jackson: a case of history repeating? David Greene reports

The administrative and political classes appear to turn their attention to civil justice every 10 years. A view hardly borne of extensive history (unless a legal historian tells me otherwise) save that in 1988 we had the Civil Justice Review, 10 years ago the Woolf reforms, and now the Jackson reforms gaining political traction.

A comparison between Woolf and Jackson raises some interesting similarities but also one vital difference. Both were authored by committed reformers. Both address one of the central tenets of democracy; access to justice. Both highlight the costs of litigation as a barrier to that access. In both cases civil justice reform and consequent primary legislation has scaled the political agenda when Treasury influence has sought to reduce spending on civil legal aid. This is not to suggest that either report did not deserve a place on the agenda in any event but

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EIP—Stuart Malcolm

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NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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