2005 Post-Woolf litigation
This page contains an outline of this research, and a summary of the key findings. Details of how to find the full report can be found at the bottom of the page.
Title
“The management of civil cases: the courts and the post-Woolf landscape”
What is it about?
Civil Justice reforms were introduced in 1999. The aim, following Lord Woolf’s report “Access to Justice”, was to encourage early settlement of disputes and consideration of alternatives to litigation through active case management and pre-action protocols. Courts should be a last resort. This qualitative research looks at the management of fast track and multi track cases in 2003 and 2004.
Who did it?
It was commissioned by the DCA< and conducted by Professor John Peysner and Professor Mary Seneviratne from Nottingham Law School, Nottingham Trent University.
Key findings
The culture of litigation
The research found that the culture of litigation had changed: there was better co-operation between the parties, and also between parties and courts. Case management conferences, increasingly conducted by telephone, were a great success.
Settlement
The settlement rate was very high – often more than 60%, and in some courts 80%. The majority of cases were being settled pre-issue, but there was a problem with late settlement on the day before the trial.
ADR
There had been no increase in the use of ADR, and little out of court mediation. Mediation tended not to be used in commercial cases. In practice, judges rarely stayed cases for mediation, and ADR has not become incorporated into the court process.
Costs
Costs were felt to have increased overall as a result of the CPR, and in particular they were now front-loaded. Judges felt that costs, particularly in the fast track, were disproportionate.
October 2006
