header-logo header-logo

09 April 2009 / Matthew Lawson
Issue: 7364 / Categories: Opinion , Public , Legal services , Costs
printer mail-detail

Complex matters

Has Woolf failed big-ticket litigation? Matthew Lawson

It may seem an odd proposition that the Woolf reforms, with their legitimate aims of improving access to justice and reducing the cost of civil litigation, have, 10 years on, failed a constituency many would argue least worthy of assistance in the first place.

Commercially powerful litigants with perceived deep pockets are often portrayed as the manipulators of the civil justice system, clogging up the courts with bullying claims or pressuring opponents with lesser resources into derisory settlements. But large commercial enterprises (in which I include insurers and large professional services organisations, as well as major corporates, banks and other financial institutions) need an effective and cost efficient civil justice system as much as anyone, to provide certainty by the adjudication of legitimate commercial disputes.

Lord Woolf may not have had them at the forefront of his mind when he wrote his reforms but in many ways, this constituency stood to benefit most from their implementation. The

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

Charles Russell Speechlys—Nadim Meer

Charles Russell Speechlys—Nadim Meer

Private equity specialist joins corporate team as partner

Mayo Wynne Baxter—Belinda Mercer & Rohit Walia

Mayo Wynne Baxter—Belinda Mercer & Rohit Walia

Firm strengthens employment team with two solicitor appointments

NLJ Career Profile: Maynard Burton, High Sheriff of Worcestershire

NLJ Career Profile: Maynard Burton, High Sheriff of Worcestershire

After more than four decades in law, former mfg Solicitors chairman Maynard Burton reflects on leadership and his new role as High Sheriff of Worcestershire

NEWS
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
Artificial intelligence, proportionality and public decision-making are under increasing judicial scrutiny, according to the latest public law round-up from Herbert Smith Freehills Kramer
Families relying on informal agreements over property ownership could face costly consequences if disputes arise, the High Court has warned
back-to-top-scroll