Countdown to Woolf - the City view
Part two in a series clarifying the implications of the report
As of 26 April 1999, under the new Civil Procedure Rules, the court will find itself in the driving seat when it comes to case management – including protocols, allocation, case managing conferences and pre-trail reviews.In Lord Woolf’s own words: “Responsibility for the control of litigation must move from litigants and their advisers to the court.”Tactical use (or misuse) of procedural rules to advance a client’s case has become a finely-tuned artform and Woolf’s reaction has been radical – from CPR day, the judge will decide how a case will proceed. But there is no need for undue alarm. This has been the norm for years on the continent and in Scotland.This new judicial case management is one of the principal themes of the CPR. The courts are given a vast latitude to do what they think is appropriate to “deal with a case justly” (see ‘overriding objective’, Legal Week, 11 February).They can extend or shorten time limits, require parties and their legal advisers to attend court, stay and strike out proceedings, and, as a catch-all “make an order of [their] own initiative”.Once judges seize the opportunity to direct disputes assigned to them at an early stage in the litigation, litigators will find cases progressing at a pace that may feel uncomfortable, at least initially.To assist the court in keeping a case moving, the following procedures have been introduced:
This premium content is reserved for
Legal Week Subscribers.
Subscribe today and get 10% off.
A PREMIUM SUBSCRIPTION PROVIDES:
- Trusted insight, news and analysis from the UK and across the globe
- Connections to senior business lawyers within the leading law firms and legal departments
- Unique access to ALM's unrivalled, market-leading reporting in the US and Asia and cutting-edge research, including Legal Week's UK Top 50 and Global 100 rankings
- The Legal Week Daily News Alert, Editor's Highlights, and Breaking News digital newsletters and more, plus a choice of over 70 ALM newsletters
- Optimized access on all of your devices: desktop, tablet and mobile
- Complete access to the site's full archive of more than 56,000 articles
Already have an account? Sign In Now
For enterprise-wide or corporate enquiries, please contact Paul Reeves on Preeves@alm.com or call on +44 (0) 203 875 0651