Civil Law: 'sensible person would look in horror at risks involved', says Lord Chief Justice

Civil litigation is 'extremely expensive' and a 'sensible person' would 'look in horror' at the costs involved, the incoming Lord Chief Justice said this week.


Lord Phillips said that while his predecessor Lord Woolf's reforms of the civil justice system 'have been effective in changing the whole ethos of litigation', they have not reduced costs.


He said: 'There is still a problem with the cost of civil litigation - it is extremely expensive. Professional people - barristers and solicitors - are expensive. Although the Woolf reforms hoped to reduced costs, this hasn't happened. A sensible person would look in horror at the risks involved.'


Meanwhile, Lord Phillips implied that he would take a strong stance against any attempt at government interference in the judiciary. He said: 'Occasionally one does feel that an individual politician is trying to browbeat the judiciary, and to any individual politician I would say that browbeating is wholly inappropriate.


'I am taking over this role at a time when it is said that judges are in conflict [with government]. They are not in conflict with anyone. The judiciary has a clearly defined role which is to interpret the law as has been laid down by Parliament.'


On the appointment of Sir Igor Judge, President of the Queen's Bench Division, as head of criminal justice, Lord Phillips, whose background is in civil law, said: 'Traditionally, the Lord Chief Justice has taken the lead in the criminal jurisdiction and sat a little outside that jurisdiction...


'However, the demands of the criminal jurisdiction have become very much more exacting over the years. So it seemed to me that the task of heading up criminal justice requires concentration on the various aspects of criminal justice to an extent that would not leave time for the proper performance of the other duties of the chief justice.'


Lord Phillips said he will still chair the Sentencing Guidelines Council and sit regularly in the Criminal Division. He will also sit in the Court of Appeal's Civil Division and ensure that he sits on some Family Division appeals.