The civil justice system
The Civil Justice system in the United Kingdom.
Civil Justice systems in the United kingdom, means generally about all the institutions and processes, judicial and extra judicial ,which contribute in handling civil disputes .Citizens can enforce and protect their legal civil rights and to resolve disagreement between two or more parties though the civil justice system(Directgov, 2009). Directgov,2009. Civil justice. [Online](updated 9 November 2009) Available at :http://www.direct.gov.uk/en/CrimeJusticeAndTheLaw/Thejudicialsystem/DG_4003283 [Accessed 30 November 2009].
The system's objective are to give citizens rapid solutions to legal problems, fair and affordably.
According Woolf report on 1995, the system cannot meet these objectives because of the system delay, expensive cost, and ineffectiveness. So, Lord Woolf in his Final report is the result of the working party's interim report and consultation paper .it contains 300 proposals following extensive consultation experience, including a number of public briefings and seminars. Drawing on numerous responses and comments received and on the experience of a number of other countries, the working party has identified many areas where reforms are necessary or desirable .the final report presented 150 recommended reforms for the chief justice's consideration.[R]
The diagram figure 1.1 has provided a brief structure of the United Kingdom court hierarchy. All civil cases generally begin in the County court, and unresolved dispute will move on the hierarchy of the court and end in The House of Lord.
Effectiveness for the Civil Justice System
Before reform the civil justice system, civil procedure rules shown a low effectiveness that system service to public .It had required public well prepaid with a specific of documents, formalities and ignored modern modes of communication. Those evidences and details must be put in order as a document known as a request for further and better particular. Each party supplied the other with documents which is confirm and related to the case. This is a process named as discovery.
Next, the parties would check that documents before trial. Defendant would offer settlement of the claim, if claimant agrees .On other hand, if they have disagreed, it would cost on both sides even to the winner. Most of cases process the High court because lawyers want to earn more money delaying complexity of rules.
After the reform justice system that has combines the earlier versions introduce by Lord Woolf, it is simplify the civil justice procedure. Those specific documents have replaced by claim form which are public can complicit. The new produce rules on plain English. Thus, it removes legal jargons which are public understand the process of the case. The particular claim sets out the claim against the other party. The defendant could offer an out of court settlement. Cases which one beyond the comprehensive of lawyer could be resolved in the county court which is cheaper, and quickly, but this would deprive lawyers of their earning. (Ellior and Quan)Textbook
Shortcoming before 1999
Lord Woolf in his report identify various in civil justice system.[F] For example ,he found the value of the claim . Hearings of cases are often delayed. He also found parties are unequal standing there is lack of fairness between parties, well-off defendant and under resourced claimant, the system cannot forecast ligation cost and period of trial is uncertain. Public find it impossible to understand the court rules. To access objective of Civil Justice System, Lord Woolf has used basic principles of a civil justice system and innovated a reform the system.[R](Repair)91
Lord Woolf recommendations
Firstly, it has been speedy delivering the result and be justice in the manner it treats litigants. Second, it will offer appropriate produces at reasonable cost. The system will give confidence to the people .It will be rarely effectual it is satisfactorily resourced and recognize.
The court needs a system that is good on management of case. Each case requires certain produces, with a set of rational timetable, to ensure the process and period are fulfilled through the decision of the court. Some of criteria have been change in below statements.91
The purpose of pre-action protocol are getting information about case at early stage, enable to both parties settle and produce great performance in case management at before trial. Judges have power consider accepting the case which are both parties have fulfill requirement. Firstly, claimant can write the letter of claim to inform the defendant and fulfill the claim form .Then, defendant has to reply letter during 21 days for acknowledge. The investigation will take action in deep on the cases. The result will write in disclosure document and make appoint with expert witness to ensure document and evidence in proper manner. Finally, both parties will be negation and make settlement before move to the court. 115 http://www.aviva.co.uk/risksolutions/pdf/hardfacts/management_of_risk/1019-procedureforcivillawclaims-v5.pdf
The court will have more power to intervene in a case and make orders of its own motion, rather than letting the parties run their own cases. For examples, the court may order the production of further and better particulars and strike out any pleadings of its own motion. Parties who wish to appeal against decision on interlocutory matters will need to obtain leave from the court .The parties have to file a timetabling questionnaire on how the case should proceed to trial. Based on the agreement of the parties and the information provided in the questionnaire, the court will set a strict timetable for the progress of the case with "milestone dates", which will be difficult to change .the "milestone dates" include the dates fixed for a case management conference ,a pre- trial review and the trial. In the case management conference, the court may invite the parties to consider resolving the dispute by way of alternative dispute resolution such as mediation[R]163 http://lawcommissionofindia.nic.in/adr_conf/Mayo%20Rao%20case%20mngt%203.pdf
All cases allocate with these of three tracks.
Mostly cases area categories in three tracks according the value of fine on case, type and ranked of case some case is simply and involved in amount of £1000 or £5000 as category in small track, such as property and personal injury. Secondly, fast track is process the case has value of£ 5000 until £15000 in faster that hearing case limit one day, those evidences provide in writing, and final end with agreement. Third, multiple fast track is on any complex case that requires expert hearing, and involved more than £15000 .This also some cases can solve with Alternative Dispute Resolution .101 http://www.aviva.co.uk/risksolutions/pdf/hardfacts/management_of_risk/1019-procedureforcivillawclaims-v5.pdf
Alternative Dispute Resolution
In Alternative Dispute Resolution (ADR), the informal process, each involved party equally agrees to meet with a professional third party to usefully and competently resolve on their disagreement rather than go to court. Through Alternative Dispute Resolution, both parties are encouraged to engage in negotiations in rapidly that can lead to the resolution of their dispute. The most common forms of Alternative Dispute Resolution are mediation and arbitration.[R] 68http://www.academy-experts.org/mediat.htm or http://www.nadr.co.uk/articles/published/medical/DentistryAndADR.pdf
Criticism on Lord Woolf Report
According the report, professor Zander had found some main concerns impact access of justice through civil justice system. He has recognized factor of delay that adversarial the lawyers played system with support by unsubstantiated opinion rather than real evidence. It has regardless of the fact that it forms the source for most of the ensuring proposals.
For case management, he has commented that judges were lack of time, skill or inclination to untaken the task. For example, litigants on the fast track may fell that the rapid way in which a three hour is hearing transaction with the dispute is insufficient. Thus, judges are unable done be a short, sharp trial with limited oral evidence and be dominant to a declaration of their dispute.
He also quarrel many of case that the claimant wins and the defendant is an insurance company who current pays the claimant's cost. Therefore, the court able only order the loser to pay fixed and fairly low cost, then the claimant 's lawyer will unable to claim back everything that it was in fact necessary to spend on the case in order to win. Afterward, justice will not served in the court.196
Civil justice system is a place for everyone wills able access to justice and keeps a balance of society. Civil justice system should countine moderzine with assisted technology advance for a high effectiveness service which can public able access of justice though on theses objective such as a fair of justice, reasonably priced and avoids interruption.