Litigation low

One gets used to reading a fair number of doom and gloom prophecies in the Gazette, some of them merited - but not Ronnie Fox's assertion that litigation is under threat (see [2000] Gazette, 9 November.

9).

He seems to advance this theory because of the 'steep nosedive in claims since the implementation of the Woolf civil justice reforms'.

If so, surely this is largely a reflection of the fact that one of the major reasons for the reforms actually works; that is to say, many more cases settle at the pre-action stage.

The protocols work, the personal injury model in particular, and as this type of claim constituted the greatest percentage of actions commenced, there has as a consequence been a significant reduction in the total.

To accept Mr Fox's statement is to believe that somehow the Woolf reforms have magically stopped people from breaching contracts, being victimised by negligent professionals, falling out with their neighbours, contesting wills, etcetera.

If so, this is certainly not apparent to me.

However, what is apparent is that while my litigation practice flourishes in terms of increased numbers, my files typically occupy my office for much shorter periods.

The challenge we face is to adapt to this new culture through creative use of the various funding options that now form part of our repertoire and to put in place effective risk assessment procedures.

Roger A Paul, Battens, Yeovil, Somerset