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04 June 2009 / Sir Geoffrey Bindman KC
Issue: 7372 / Categories: Features , CPR
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Viewpoint

10 years of the CPR

The debate on the effectiveness after 10 years of Lord Woolf’s procedural reforms needs to be seen in a wider context. The complexity of procedure and its cost are responsible for the severe decline in access to justice.
Reducing cost was of course one of Lord Woolf’s chief aims. In this he has  failed. Unfortunately, as Michael Zander has convincingly demonstrated, the laudable attempt to introduce a transparent “cards on the table” culture has backfired (see NLJ, 13 March 2009, p 367). In the 60s and 70s, when I represented large numbers of trade union members and others in personal injury claims, the majority were settled at an early stage before any substantial preparation was done, and costs were correspondingly modest. Compensation claims were—and still are—handled largely in solicitors’ offices and never reach a barrister’s chambers, let alone the court. By promoting unnecessarily detailed preparation of cases before settlement—“front loading”—Woolf ignored the reality of the solicitor’s role in dispute resolution.

Similarly, by recommending more intrusive judicial management of the litigation

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
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