Civil Justice in Common Law

Today, we’ll be looking at the civil justice system in the UK. We’ve talked about what civil cases are in
earlier videos, but here’s a recap: civil cases aim to provide compensation, in the form of remedies such
as damages, and they usually involve private disputes between persons or organizations.
The process of solving civil disputes has been through some dramatic changes in the last 20 years.
Reform is ongoing with the most recent set of developments being implemented in July 2013. These
amendments have been made in an effort to ensure that the civil courts run smoothly and efficiently. All
you will need to know is the background to the changes, how the Civil Procedure Rules (CPR) operate,
and, essentially, the different tracks that are available.
We will start by briefly looking at the background to the reforms. The major reforms began in March
1994 when the Lord Chancellor set up the Woolf Inquiry. The role of the inquiry was to undertake a
review of the civil justice system. In the 1995 Interim Report, it was stated that the system was in a state
of crisis. The main problems were summarised as relating to cost, delay and complexity. This was
coupled with a lack of clear judicial responsibility for managing individual cases and for the overall
administration of the courts. The increasing costs of civil litigation also contributed towards the capping
and cuts we are now seeing in the legal aid fund. The ‘Woolf Report’ was published in July 1996, and
reflecting its recommendations, the Civil Procedure Act 1997 was passed. One of these was the creation
of the Civil Procedure Rules 1998. The Rules lay down the practice and procedure that should be
followed in the civil courts. The overriding aim of the rules is to ensure the civil justice system is
accessible, fair and efficient. It does this by enforcing compliance with rules, practice, directions and
orders, thus ensuring that the parties are on an equal footing. Cases are allotted an appropriate share of
the court's resources, while taking into account the need to allot resources to other cases. Another aim
of the Civil Procedure Rules is case management. This includes the likes of identifying the issues at an
early stage, giving directions to ensure that the trial of a case proceeds quickly and efficiently, as well as
encouraging the parties to co-operate during proceedings. These Rules are subject to constant review.
The 66th update came into force in October 2013. The Civil Procedure Rules are divided into parts; each
one deals with a separate topic and each part is divided into sub- rules. Many of the parts are followed
by ‘Practice Directions’ which explain how the Parts and Rules should be implemented.
We just saw how one of the aims of the CPR is case management. The way it does so is by allocating
cases to different tracks. There are three such tracks. The first one, known as the small claims track is
the normal track for any claim for personal injuries where the value of the claim is not more than
£10,000; and the value of any claim for damages for personal injuries is not more than £1,000. It is also
the normal track for any case which has a value less than £10,000. The second track, known as the fast
track is the normal track for any claim for which the small claims track is not the normal track; and
which, generally, has a value of not more than £25,000. To add, the fast track is the normal track for the
claims we just mentioned only if the court considers that the trial is likely to last for no longer than one
day. On the contrary, the multi-track is the normal track for any claim for which the small claims track or
the fast track is not the normal track. The court will take into account several factors when deciding
which track is appropriate. Such factors include the financial value of the claim, the type of remedy
sought, as well as complexity of the case.