Civil Litigation: Critical Evaluation of The Civil Procedure Rules 1998

CIVIL LITIGATION

INTRODUCTION...........................................................................................................................3
MAIN BODY..................................................................................................................................3
The Civil Procedure Rules 1998 (SI1998/3132) has resulted in a less adversarial legal
environment and reduced the litigation process to a mere form filling exercise. Critically
evaluate this statement.................................................................................................................3
Lords Woolf’s perspectives.........................................................................................................6
Summarization.............................................................................................................................7
CONCLUSION................................................................................................................................8
REFRENCES...................................................................................................................................8

INTRODUCTION
Civil litigation is the process through which all process related to civil case is handled
according to legal structure assigned for it. In this process trial and judgments passed by court
are covered in relation to particular case. Further, it means that process which handles civil
matters presented within court of law. These litigations can be based upon perspectives such as a
marriage, or a contract dispute between corporations. Through litigations civil cases related to
government are handled in more effective way. Thus litigation is an important part of used for
solving civil cases. It covers wider scope as they help in solving cases of civil nature and nature
is dynamic as it has importance in terms of courts procedure. In this file critical evaluation is
required to be done upon The Civil Procedure Rules 1998 (SI1998/3132) has resulted in a less
adversarial legal environment and reduced the litigation process to a mere form filling exercise.
MAIN BODY
The Civil Procedure Rules 1998 (SI1998/3132) has resulted in a less adversarial
legal environment and reduced the litigation process to a mere form filling
exercise. Critically evaluate this statement.
The Civil Procedure Rules 1998:
The Civil Procedure Rules are those procedure used within England and Wales Court of
Appeal, High Court of Justice and County Courts. These acts has been performed as part of Civil
Procedure act 1997. The act has been brought into operations from April month of 1999. Also
through these rules of the Supreme Court and County Court were replaced. Under Civil
Procedure Rules there are legal documents which has made guidelines created in more effective
manner.In contrast to previous civil procedural rules, the CPR begins with a statement of its
"overriding aim," which is intended to aid in the implementation of individual sections as well as
to guide behavior where no specific rule applies. The Civil Procedure Rules of 1998, a statutory
instrument, outline the rules. The CPR was created to improve access to justice by making
judicial proceedings less expensive, faster, and easier to understand for non-lawyers. The acts
was result of Lord Woolf's reforms that has been made over reducing cost and time which are

spend over civil proceeding within court (Christian, 2020). Also, he has identified within the
report about three critical issues faced within civil justice system which are cost, delays and
complexity. In order to deal with these problems certain changes has been proposed in relation to
procedure of civil proceedings which are given as follows: Litigation over a case should be done
on frequent basis for solving case effectively. Also ADR process should be introduced more
making alternate methods to be formed in order to solve civil dispute more effectively. In this
cost of litigation has been focused upon by suggesting about reduction in cost which makes
general public pursue with lawsuit at lower cost making issues solved in more effective way.
Thus cost moderation requires to be done in more effective manner making litigation of civil
proceeding available to all personal living in society. Litigation should be simplified in order to
reduce extra burden upon courts (Chan,, 2017). Through the perspective of report Lord Woolf
has recommended certain issues hindering process of litigation. The main idea behind the report
is to make system more approachable in nature by recommending user friendly ideas through
which courts system are able to reduce applied tax and spend more upon court's infrastructure
making courts beneficial for government and people of Wales and England. Also these Reforms
introduced about concept of case management into UK civil justice system. In this case
management over concept has been allowing judiciary for managing cases within the court
making aims and objectives of faster judgment fulfilled more effectively. In the case
management concept allows judiciary in order to manage cases within the court which makes
faster judgment produced within the courts regarding civil matters. Through these reforms
directions are provided within the case allowing courts to develop better and effective structure
in relation to civil cases. Further, this ensures that clarity is developed over matters and
necessary perspectives of civil cases. Through this peace and stability is maintained while
initiating trials with proper procedure. Also higher level of cooperation and transparency was
focused within court procedure allowing parties develop better understanding with there legal
representative (Chiapponi, 2020). It allows greats deal of clarity regarding protection of personal
information allowing cases to be solved more effectively. The reforms has taken into
consideration about civil cases going through individual tracks dependent over complexity and
value they reach the court of first instance that are county courts. In these courts cases are
divided between tracks as Small Claims in this cases having value within £5000 and are simple
in nature. These cases also parties requires to pay for lawyers for which cots is more and cannot