Lord Woolf speaks of creating a new landscape for civil justice.

Practising solicitors will get a goo d idea from the summary below and from the analysis in subsequent pages just how radically different their working lives could become if the Woolf world became a reality.THE FAST TRACK The fast track is intended for the majority of defended cases where the value does not exceed £10,000.

A case will not be allocated to the fast track if the court considers that:-- it raises issues of public importance;-- it is a test case;-- oral evidence from experts is necessary;-- it will require lengthy legal argument or significant oral evidence which cannot be accommodated within the fast track hearing time; or -- it will involve substantial documentary evidence.Litigants will be able to 'opt-in' to the fast track at the judge's discretion if they have a straightforward case valued at over £10,000.-- Cases will be allocated to the fast track once a defence is received, after scrutiny by a judge, who will allocate a 'trial week' 20 to 30 weeks ahead and set a timetable for the case.-- Judges can hold a preliminary hearing where a litigant is in person.-- There will be no oral evidence from experts, but parties will be able to put questions to experts in writing.

A single expert will be instructed whenever possible.-- To check that the parties have complied with the court's instructions and to obtain their estimates of the hearing time required, the court will send parties a listing questionnaire.-- The normal hearing time will be three hours.FAST TRACK COSTS-- The report sets out a detailed costs regime suggesting a maximum of £2500 for legal costs, excluding VAT and disbursements, for cases at the top end of the fast track.-- There will be two value bands: up to £5000; and £5001 to £10,000.-- In each value band, there will be two levels of costs: one for straightforward cases and one for cases requiring additional work.-- Percentages of the total costs will be payable at key stages, with 40% of plaintiffs' costs payable for the first stage.-- There will be standard fees for advocacy at trial.-- Separate 'bolt-on' fees are proposed for interlocutory hearings.-- Courts will discipline oppressive behaviour by parties, including those who force their opponents to overspend their fixed costs.-- Solicitor and own client costs will require a separate written agreement with a full explanation, at the outset, if they are to be different from the fixed costs.OTHER COSTS-- Courts will have the power to consider whether the likely benefits of taking a particular step will justify the cost of tackling it.-- Clients will be kept informed of cost.-- Bench-mark costs will be established by the court for multi-track cases with a limited and fairly consistent procedure.

Candidates for this approach include judicial review, and Chancery Division cases using the originating summons procedure.-- Courts will have a new power to deal with questions on costs even when other issues in dispute have been settled without litigation.-- Orders for costs will reflect not only the outcome of proceedings, but also the way in which parties or their legal representatives have conducted their cases.-- A court will be able to make its costs order conditional on the other side agreeing, whatever the outcome, to meet the difference in costs to the weaker party.-- A court will be able to award interim costs in cases where one party has substantially greater resources, and where there is a reasonable likelihood that the weaker party will be entitled to costs at the end of the case.-- The standard basis of taxation wil l be changed so that the amount allowed is 'what is reasonable to both parties to the taxation'.-- There will be a review of the rules on the costs recoverable by a litigant in person, with a view to simplifying them.PRE-ACTION PROTOCOLSLord Woolf recommends the development of pre-action protocols which are not intended to apply to all areas of litigation but deal with specific problems in specific areas.

Pre-action protocols will:-- encourage the use of alternative dispute resolution in appropriate cases;-- promote economy in the use of expert evidence and, in particular, the use of single experts;-- enable parties to obtain the information they need in order to make an appropriate settlement or offer of settlement, using standard forms and questionnaires wherever possible;-- if a pre-action settlement is not achievable, ensure that the parties are in a good position to comply with the timetable set by the court for the conduct of proceedings;-- if any of the parties to a case have unreasonably failed to comply with a protocol, the court will be able to take this into account; eg in the allocation of costs, or in any direction as to the future conduct of the case.Work has already started on pre-action protocols for personal injury claims and housing disrepair claims.

Similar work may start in the near future on a medical negligence protocol.When a protocol is established it will be incorporated in a practice guide covering the relevant area of litigation.

OFFERS TO SETTLEAny claimant or defendant will be able to make an offer to settle which would have consequences for costs if the opposing party unreasonably refused to accept it.There will be a new system of financial incentives to encourage claimants to make offers.

A claimant who makes an offer which is not accepted by the defendant, but which is matched or exceeded at trial, will be entitled to additional interest on damages.

The rates will be:-- 25% for damages up to £10,000;-- 15% for damages between £10,000 and £50,000;-- 5% for damages above £50,000.MEDICAL NEGLIGENCE-- Procedural and trial judges will be encouraged to specialise in medical negligence and given the appropriate training.-- There will be a separate medical negligence list in the High Court.

Outside London, cases will be handled at designated court centres.-- Solicitors will be obliged to provide information to clients about alternatives to litigation, including mediation and the NHS ombudsman.-- A more co-operative approach between claimants and defendants will be encouraged through an 'umbrella' organisation, which would develop a pre-litigation protocol to be followed by parties.-- Parties will consider whether a single expert would suffice -- a situation which would be most likely in relation to calculation of damages, uncontroversial medical issues and liability in claims under £10,000-- It is thought that many medical negligence cases under £10,000 would be too complex for the fast track.

It is proposed that the Court Service should conduct a pilot study of other options for litigating smaller claims on a modest budget.MULTY-PARTY ACTIONS-- The court will take early control, establishing a 'multi-party situation' (MPS) under which claims could be dealt with collectively or separately.

Establishment of the MPS would suspend operation of the Limitation Act.-- Arrangements will be made to handle lower value or local multi-party actions at courts outside London by either a High Court or circuit judge.-- A managing judge will handle the action thro ughout, with support from an experienced multi-party litigation lawyer acting as deputy judge.

-- Courts will decide whether an action should proceed and the criteria for joining.

They will approve multi-party settlements and will determine arrangements for costs.-- Greater predictability of costs is expected to offer scope for extending the upper limits of legal aid financial eligibility on the basis of increased contributions.

-- Scope for the development of a contingency legal aid fund will come from requiring claimants to make a financial commitment at each of the key stages of the case.HOUSING-- Housing law will be simplified, making it easier for clients to be helped by advice agencies rather than lawyers.-- Judges will be encouraged to specialise in housing cases.-- There will be a new, two-stage procedure for rent possession actions.

First, there will be a court order, without a hearing, for repayment of arrears.

Secondly, (if there is non-compliance) there will be a possession order with a hearing.-- Cases involving serious nuisance or harassment will have an expedited court procedure and there will be extra protection for witnesses.-- With the aim of avoiding litigation where possible, a pre-action protocol will be evolved setting out clear procedures for tenants and landlords to follow in disrepair cases.-- Appeals against local authorities' decisions on homelessness will be handled locally by county courts.

-- The local government ombudsman will have a formal power to investigate cases and to refer points of law to the courts.

JUDICIAL REVIEW-- The aim will be to make the procedures in public and private law cases uniform.-- An application for judicial review will follow the standard claim form instead of the present application and principal affidavit in support.

Similarly, the defence will be in the standard form of a defence to the claim.-- The leave stage will be renamed the 'preliminary consideration' stage and will be conducted in writing.

The court will be able to grant interim relief before the preliminary consideration.-- The rules will lay down a general test of standing: that the claimant had or would be adversely affected, or that it was in the public interest for the claim to be brought.-- The court will have discretion not to order the unsuccessful party to pay the other side's costs where the case has been brought in the public interest.-- Cases involved with local issues will be handled outside London.-- In general, judicial review will be regarded as a last resort.

Claimants will generally be encouraged to resolve their complaints through other grievance procedures.CIVIL PROCEEDINGS RULESA draft set of rules has been published with the threefold aim of making the Civil Proceedings Rules shorter, simpler and clearer.