The document discusses civil justice system reforms in England and Wales that were initiated in the 1990s. It notes that Lord Woolf conducted a review that identified high costs, delays, and complexity as major issues. Woolf proposed reforms aimed at decreasing delays and costs, encouraging settlement, and making the system simpler and more accessible. The reforms introduced new civil procedure rules that decreased litigation and emphasized cooperation over adversarial approaches. Studies found the reforms had positive impacts like reduced court caseloads and a less combative culture, though costs remained a challenge.

1. CIVIL JUSTICE SYSTEM
REFORMS IN ENGLAND AND
WALES
Essay by
Noam Maalik
January 2nd, 2018

2. INTRODUCTION
 In England and Wales, civil justice is basically administrated primarily by High Court and other
county courts, accordingly civil justice apprehensions have multiple issues such as contractual
claims, medial laxities, consumer law and personal injury. Likewise there were some more related
issues such as; employment law, housing issues, discrimination, children, welfare benefits, and
immigration laws(1). There is a specific development of multiple governmental or non-governmental
systems for disputes resolving in England and Wales. Similarly, there were plentiful regulators,
tribunals and many other schemes started performing, specifically during nineties and beyond.
These kinds of processes and scheme’s development and creation is of course not yet over, but the
level of support by these means are continuously going down, as a research conducted through
the Citizens Advice Bureau. (2)
 'The Crisis in the Justice System In England & Wales' (2016) <http://www.fabians.org.uk/access-to-justice-the-bach-commission/> accessed 7 January 2018.
 Gillian Guy, 'Citizens Advice Annual Report And Accounts' (2014)
<https://www.citizensadvice.org.uk/Global/CitizensAdvice/Governance/Annual%20report%20201314_WEB.pdf> accessed 7 January 2018.

3. NEED OF CIVIL JUSTICE SYSTEM REFORMS
 After a major survey which was conducted by National Consumer Council in 1995, multiple issues
have been identified by the respondents, in civil justice system. Many respondents were with the
view that procedure and CJ system was too slow and complicated while some stated that it was
very outdated and objectionable. After that Lord Chancellor has been appointed Lord Woolf to
perform Civil Justice System’s review in England and Wales and, as respondents stated, his report
Paulette Morris, 'Mediation, The Legal Aid, Sentencing And Punishment Of Offenders Act Of 2012
And The Mediation Information Assessment Meeting' (2013) 35 Journal of Social Welfare and Family
Law. also mentioned that there are multiple issues and severe crises in traditional CJ system.
Similarly, multiple complexities have been found in trails, unnecessary delays and high cost issues
were also identified in Civil and Justice System. The three major and critical issues: high cost of
system; delay and complexity urges to promote some critical reforms in CJ system for its
enhancement, effectiveness and for enhanced civil justice system in the region. The overall
philosophy of CJ system is obligated to severe failure if litigation, through which in itself considers a
high cost affair cannot give less expensive, in time and a simple justice system to people.
Accordingly, Lord Woolf have idea to remove the expensive, lacking quality and too slow defects of
the civil justice system between wealthy and powerful complainants and under-resourced
petitioners. Rupert Jackson, 'Review Of Civil Litigation Costs' (Ministry of Justice on behalf of the
Controller of Her Majesty’s Stationery Office 2009)(3).
 Hazel Genn, 'What Is Civil Justice For? Reform, ADR, And Access To Justice' (2013) 24 Yale Journal of Law & the Humanities.

4. FEATURES AND OBJECTIVES OF CIVIL
JUSTICE SYSTEM REFORMS
 Lord Woolf visualized a different situation to eliminate the issues in Civil Justice and this landscape
have these major features and objectives: a) There will be maximum efforts to evade litigation
between parties where feasible; b) The factor of adversarial and cooperation will be minimized
from litigations; c) It will also tried to minimize the complexities in litigation; d) Litigation timescale
will be rapider; e) administrative and judicial responsibilities will fall under the clear lines of civil
justice system; f) litigation cost will strongly be predictable and affordable; g) litigation for less
financial means complainers will be on equal footing; h) protocols of new rules in litigation will
managed through effective deployment of judges. Similarly following are the major projected
objectives of the reforms in civil justice system: a) decreasing delays in litigation; b) avoiding
litigations through inspiring the settlements between parties; c) decreasing the complexities of
litigation; d) reducing costs and finally inspiring complainers to be more cooperative and less
confrontational. (4)
 Chris Fox and Robert Grimm, 'The Role Of Social Innovation In Criminal Justice Reform And The Risk Posed By Proposed Reforms In England And Wales' (2013) 15
Criminology & Criminal Justice.
 Rupert Jackson, 'Review Of Civil Litigation Costs' (Ministry of Justice on behalf of the Controller of Her Majesty’s Stationery Office 2009).

5. IMPORTANCE OF OBJECTIVES
 In the civil justices system of England and Wales, the idea was initiated by Lord Woolf and it considered
the most significant revolution of Woolf Reforms. Pre-action significance is basically a focus on parties
before they are involving any litigation process. This action also taken into account even both parties are
involved in litigation but before the final decision of court. Accordingly, this action has very effective
means of serving while seeking the directions of both parties and encouraging to argue in exchanging
information of claim and to avoid litigation through settlement promotion. The basic aim of this decorum
is to encourage the initial settlement between parties and settle the issues through pre-court procedures.
Similarly, according to this decorum it is a duty of claimant to provide information and detail to defendant
regarding the claim. While on the other hand it is obligatory for defendant to proceed and respond the
claim in shorter time period. According to the Woolf’s reforms, civil procedure rule inspiring complainer
and defendant to co-operate in the proceedings of court. Likewise, it may helpful in the identification of
both parties’ issues in initial stages and also encouraging them to settle the full or partial claim. CPR
comprehended less specifications as compared with the Rules of Country Courts and Supreme Court, it is
particular to those requirements which are necessary for an administrative nature of cases. There is a
corresponding practice direction for every part of the CPR and it have been issued with set of rules. CPR
supersede remaining practice decision either in local level or national level. Practice decisions mostly
authorized by the High Court Chancellor under the delegated authority of Lord Chancellor. (5)
 Palmer Michael and Simon Roberts, '"ADR" In D S Clarke (Ed.)', Encyclopedia of Law and Society: American and Global Experiences (Sage Publication 2007).

6. IMPACTS OF WOOLF’S REFORMS
 Woolf’s new civil procedure rule can be explained such a most innovative change in the civil process in the
history of England and Wales. According to new CPR the civil justice operation has been thoroughly improved.
The first ever impact, which demonstrated in August, 1999, was 25 per cent decline in court cases and it was
considered basic determination in avoiding litigation and developing initial settlement moves. In the end of
January, 2000, there was 23 percent further drop of court cases observed simultaneously. These reforms also
proved such an important alteration in overall litigation ethos, especially in lower courts and for those issues
which can deal with swift and inexpensive context. These reforms produced multiple positive results such as the
culture has become less combative and information exchange also become better between claimer and
defendant. There are many protocols which focus on regulating some clear principles on the ground of which
the basic claim was expressed and responded, this may also engage both parties to focus on basic issues, after
that it will led to larger openness. Woolf’s reforms also have strong impacts on larger claims and speed of these
cases has become more quicker, but on the contrary, the cost factor still increasing as more work is now
required while finishing the claims at an initial phase.(6)
 Richard M. Cornes, 'Psychological Aspects Of Outsourcing In The 'Justice Sector' In England & Wales' [2016] SSRN Electronic Journal.
 Sorabji John, English Civil Justice After The Woolf And Jackson Reforms, A Critical Analysis (Cambridge University Press 2014).
 Chris Fox and Robert Grimm, 'The Role Of Social Innovation In Criminal Justice Reform And The Risk Posed By Proposed Reforms In England And Wales' (2013) 15
Criminology & Criminal Justice.

7. CONCLUSION
 Overall Woolf’s reforms were reinforced by both division of legal profession and
judiciary, accordingly legal press also welcomed these reforms. Avoiding litigation
and indorsing settlements may be the major benefit to litigants which may get
ensnared in everlasting procedures of court and cost issues also suffer a lot. These
reforms planned to emphasis on cost reduction and delay, furthermore, they did
not escape cost reduction and criticism still it is considered to be an arguable part.
Analysts also consider these reforms as a step in right course and were considered
successful as they have developed the justice being accessible in larger proportion
of society.
 John A. Flood, 'The Transformation Of Access To Law And Justice In England And Wales 60 Years On' [2009] SSRN Electronic Journal.
 Rupert Jackson, 'Review Of Civil Litigation Costs' (Ministry of Justice on behalf of the Controller of Her Majesty’s Stationery Office 2009).

8. REFERENCES
 References
 Chris FoxRobert Grimm, 'The Role Of Social Innovation In Criminal Justice Reform And The Risk Posed By Proposed Reforms In England And Wales' (2013) 15
Criminology & Criminal Justice
 Gillian Guy, 'Citizens Advice Annual Report And Accounts' (2014)
<https://www.citizensadvice.org.uk/Global/CitizensAdvice/Governance/Annual%20report%20201314_WEB.pdf> accessed 7 January 2018
 Hazel Genn, 'England And Wales: Have Past Reformers Truly Understood The Cost Of Litigation?' (1999) 20 Justice System Journal
 Hazel Genn, 'What Is Civil Justice For? Reform, ADR, And Access To Justice' (2013) 24 Yale Journal of Law & the Humanities
 Krishnadas Jane, "Rights As The Intersections: Rebuilding Culture, Material And Spatial Spheres - A Trans-Formative Methodology, In Cultural Practices, Political
Possibilities" (Cambridge Scholars Publishing 2018)
 John A. Flood, 'The Transformation Of Access To Law And Justice In England And Wales 60 Years On' [2009] SSRN Electronic Journal
 Moscati Maria Federica, "Playing Hide-And-Seek! Barriers To Access To Justice For Family Disputants In England And Wales" (2017)
 Palmer Michael Simon Roberts, '"ADR" In D S Clarke (Ed.)', Encyclopedia of Law and Society: American and Global Experiences (Sage Publication 2007)
 Paulette Morris, 'Mediation, The Legal Aid, Sentencing And Punishment Of Offenders Act Of 2012 And The Mediation Information Assessment Meeting' (2013) 35
Journal of Social Welfare and Family Law

 Richard M. Cornes, 'Psychological Aspects Of Outsourcing In The 'Justice Sector' In England & Wales' [2016] SSRN Electronic Journal
 Robert Forrest, 'Reform Of The Criminal Justice System In England And Wales' (2001) 41 Science & Justice
 Roberts Simons, '"Institutionalized Settlement In England: A Contemporary Panorama"' [2002] Willamette Journal of International Law and Dispute Resolution 17
 Rupert Jackson, 'Review Of Civil Litigation Costs' (Ministry of Justice on behalf of the Controller of Her Majesty’s Stationery Office 2009)
 Sorabji John, English Civil Justice After The Woolf And Jackson Reforms, A Critical Analysis (Cambridge University Press 2014)
 'The Crisis In The Justice System In England & Wales' (2016) <http://www.fabians.org.uk/access-to-justice-the-bach-commission/> accessed 7 January 2018
 'The Lord Chief Justice’S Report 2015' (Judicial Office 11th floor Thomas More Building, Royal Courts of Justice 2016)
