A role for solicitors as 'procedural judges' responsible for managing litigation has been signalled by Lord Woolf who is seven months into a two-year review of civil justice aimed at rooting out the delays endemic to the current system.At a press conference last week to report progress to date, Lord Woolf also acknowledged that his work to simplify procedures could cause a surge of new cases - the so called M25 effect.
Improved procedures would 'undoubtedly increase litigation', he said.
But he added that as long as there were cases that should be brought, it was in the public interest to have an accessible system.Lord Woolf warned that his proposals would have 'resource implications' and he expected the fundamental review of legal aid, which is going on separately from his review, 'to take into account any recommendations I make'.Central to Lord Woolf's thinking on reform is that judges should set the pace of litigation, working in management teams to ensure that cases - which would enter through a 'single door' system - are heard at the most appropriate level.
The new 'procedural judges', working to policies agreed with the trial judges, would exercise control over the pre-trial process and could suggest alternative means of settling the dispute and discuss settlement.Speaking after a press conference, Lord Woolf said that solicitors, would be 'ideal candidates' for the job of procedural judge.
A new role along the lines proposed would open up a judicial avenue for solicitors who had missed out on a chance to join the Bench.At the conference, Lord Woolf reported that he had just returned from the USA where he had been impressed by the extensive use of alternative dispute resolution remedies.
He was particularly taken by schemes in Washington DC, New York and Phoenix, where even court of appeal cases are subject to mediation.
Mediated by senior lawyers on a pro bono basis, as many as 50% of cases were falling out of the appeal list, he reported.Lord Woolf clearly sees a role for much greater use of ADR in this country.
Having seen its use in the USA where in some states parties to a dispute are required to try arbitration/mediation before gaining access to the courts, Lord Woolf commented: 'We really haven't started achieving the full benefits of ADR.'Lord Woolf was also impressed by US case management techniques 'where timetables play a very vigorous role'.
He sat in on a hearing where both sides took half an hour each to present their case and reckoned that a similar case in this country would have taken two days.Lord Woolf has already floated a proposal for strict timetables to be set for cases although it has been sharply criticised.
Opponents argue that if a case is going to settle anyway the court has no business getting involved.
But, counters Lord Woolf, settlements could be reached even earlier with the added discipline imposed by timetables.Another Woolf proposal which has drawn fire, is the appointment of experts by the court.
But, highlighting in particular the problems of getting expeditious medical reports, Lord Woolf insisted that 'we have to be open to all kind of solutions'.
One possibility was to aim for many more agreed reports but, where this was not possible, he said the courts could usefully appoint experts who would be guaranteed to produce reports promptly.The next stage of the review will see Lord Woolf out in the highways and byways at a series of seven regional meetings attended by judges, lawyers, lay litigants, advice workers and court staff.
Beginning in Newcastle on 18 November, the day-long meetings will continue in Bristol on 25 November, Cardiff on 2 December, Manchester on 9 December, Birmingham on 20 January and London on 27 January and 3 February.
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