Woolf shake-up fosters openness in court, says survey

The introduction of the Woolf reforms three years ago has fostered a culture of openness in court users, with parties sharing more information than ever before at earlier stages of the proceedings, according to research released last week.

However, a qualitative survey carried out by the Law Society and Civil Justice Council also revealed that the Civil Procedure Rules have not succeeded in reducing the cost of litigation or speeding up the process.

The survey examined 300 personal injury (PI) case files and interviewed 54 lawyers, insurers and claims managers, all of whom worked in either personal injury, clinical negligence or housing law.

Most respondents saw the Woolf reforms as a success, providing a clearer structure for the litigation process and greater openness between parties.

However, a several areas were singled out as unsatisfactory, particularly the lack of reduction in litigation costs.

PI liability insurers in particular said costs were as high as ever.

The lack of sanctions against parties who fail to comply with the pre-action protocols was another area of complaint.

PI solicitors again were particularly concerned about the lack of sanctions against defendant solicitors who refuse to comply.

Respondents also criticised the 'inefficient' court system, which was riddled with delays and unable to list applications fast enough for procedural timetables to be at all effective.

Law Society President David McIntosh welcomed the overall conclusion that the reforms were working, but said: 'The reforms would have received even greater acclaim but for major problems resulting from the withdrawal of legal aid.'

He added that there was a 'real risk that the achievements of the reforms will be undermined by inefficiencies in the courts, which must have the proper resources and properly trained staff.'

The Master of the Rolls and Civil Justice Council chairman, Lord Phillips of Worth Matravers, echoed the call for proper resourcing to ensure that IT in the civil courts contributes to the reforms.

Victoria MacCallum