A new approach to civil litigation? The implementation of the 'woolf reforms' and judicial case management

• Author: Susan Moloney
• Position: B.A., LL.M., College Lecturer in Law, U.C.C.
• Pages: 98-109

A NEW APPROACH TO CIVIL LITIGATION?

THE IMPLEMENTATION OF THE

“WOOLF REFORMS”

AND JUDICIAL CASE MANAGEMENT

SUSAN MOLONEY*

There is now widespread support from judges,

lawyers and academics, as well as from those

who use the courts, for a new approach to civil

litigation.

(Lord Woolf, “Access to Justice: Interim

Report”)

I. INTRODUCTION

The civil litigation process in Ireland and Britain has

attracted much criticism in recent years. It was against this

background of criticism that the Working Group on a Courts

Commission was appointed to make recommendations on

how the Irish courts could be better managed and Lord Woolf

was appointed to review the rules and procedures of the civil

court system in England and Wales. The aim of this paper is

to assess the impact of the Civil Procedure Reforms which

were introduced in England and Wales in April 1999,

(following Lord Woolf’s inquiry), and to consider what

lessons can be learned by the Irish Courts Service and

judiciary.

II. BACKGROUND TO THE ACCESS TO JUSTICE REPORT

In 1994, Lord Woolf was asked to review the rules

and procedures of the civil courts in England and Wales. The

aims of the review were:

yto improve access to justice and reduce the costs

of litigation;

98 Judicial Studies Institute Journal [2:1

* B.A., LL.M., College Lecturer in Law, U.C.C.