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Civil Procedure Rules
The Civil Procedure Rules (CPR) were introduced in 1997 as per the Civil Procedure Act 1997 by the Civil Procedure Rule Committee and are the rules of civil procedure used by the Court of Appeal, High Court of Justice, and the County Court in civil cases in England and Wales. They apply to all cases commenced after 26 April 1999, and largely replace the Rules of the Supreme Court and the County Court Rules. The Civil Procedure Rules 1998 (SI 1998/3132) is the statutory instrument listing the rules.
The CPR were designed to improve access to justice by making legal proceedings cheaper, quicker, and easier to understand for non-lawyers. As a consequence of this, many former, older legal terms were replaced with "plain English" equivalents, such as "claimant" for "plaintiff" and "witness summons" for "subpoena".
Unlike the previous rules of civil procedure, the CPR commence with a statement of their "overriding objective", both to aid in the application of specific provisions and to guide behaviour where no specific rule applies.
In 1994, the Lord Chancellor instructed the then Master of the Rolls, Lord Woolf, to report on options to consolidate the existing rules of civil procedure.
On 16 June 1995, Lord Woolf published an interim report on Access to Justice. The interim report was the subject of extensive academic commentary. For example, American law professor Richard Marcus Jr. pointed out that the interim report was clearly inspired by the experience of the US federal courts with case management, which grew out of their experience with managing complex litigation. During the 1960s, a massive antitrust scandal in the American electrical equipment industry had led to the enactment of a multidistrict litigation statute in 1968 and the creation of the Judicial Panel on Multidistrict Litigation. In 1969, the panel published the Manual on Complex Litigation, which proposed that American judges should take a more active role in the management and development of complex cases during the pretrial phase of litigation. This recommendation touched off the case management movement of the 1970s and 1980s in American courts.
On 26 July 1996, Lord Woolf published his final Access to Justice Report 1996 in which he "identified a number of principles the civil justice system should meet to ensure access to justice. The system should –
Lord Woolf listed two of the requirements of case management as "fixing timetables for the parties to take particular steps in the case; and limiting disclosure and expert evidence".
The second thread of the report was to control the cost of litigation, both in time and money, by focusing on key issues rather than every possible issue and limiting the amount of work that has to be done on the case.
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Civil Procedure Rules
The Civil Procedure Rules (CPR) were introduced in 1997 as per the Civil Procedure Act 1997 by the Civil Procedure Rule Committee and are the rules of civil procedure used by the Court of Appeal, High Court of Justice, and the County Court in civil cases in England and Wales. They apply to all cases commenced after 26 April 1999, and largely replace the Rules of the Supreme Court and the County Court Rules. The Civil Procedure Rules 1998 (SI 1998/3132) is the statutory instrument listing the rules.
The CPR were designed to improve access to justice by making legal proceedings cheaper, quicker, and easier to understand for non-lawyers. As a consequence of this, many former, older legal terms were replaced with "plain English" equivalents, such as "claimant" for "plaintiff" and "witness summons" for "subpoena".
Unlike the previous rules of civil procedure, the CPR commence with a statement of their "overriding objective", both to aid in the application of specific provisions and to guide behaviour where no specific rule applies.
In 1994, the Lord Chancellor instructed the then Master of the Rolls, Lord Woolf, to report on options to consolidate the existing rules of civil procedure.
On 16 June 1995, Lord Woolf published an interim report on Access to Justice. The interim report was the subject of extensive academic commentary. For example, American law professor Richard Marcus Jr. pointed out that the interim report was clearly inspired by the experience of the US federal courts with case management, which grew out of their experience with managing complex litigation. During the 1960s, a massive antitrust scandal in the American electrical equipment industry had led to the enactment of a multidistrict litigation statute in 1968 and the creation of the Judicial Panel on Multidistrict Litigation. In 1969, the panel published the Manual on Complex Litigation, which proposed that American judges should take a more active role in the management and development of complex cases during the pretrial phase of litigation. This recommendation touched off the case management movement of the 1970s and 1980s in American courts.
On 26 July 1996, Lord Woolf published his final Access to Justice Report 1996 in which he "identified a number of principles the civil justice system should meet to ensure access to justice. The system should –
Lord Woolf listed two of the requirements of case management as "fixing timetables for the parties to take particular steps in the case; and limiting disclosure and expert evidence".
The second thread of the report was to control the cost of litigation, both in time and money, by focusing on key issues rather than every possible issue and limiting the amount of work that has to be done on the case.