Essay on civil procedure

The courts would be able to punish any parties who lack in co-operation prior to litigation. Also, the courts will be encouraged to “take in to account whether the parties have unreasonably refused to try ADR or behaved unreasonably in the course of ADR.” Experts will have a greater duty to the courts.

Experts will have a greater duty to the courts. Woolf suggests that experts should be used by each party whenever practicable. Opposing experts are encouraged to communicate as early as possible in order to resolve the issues between them. Courts will have the power to appoint an expert at its discretion.

Lord Woolf agreed with the CJR 1988 and the Heilbron Hodge report of 1993, in that he identified high costs, long delays, and complexity as being the main defects of the old civil procedure system. He also described the system as unequal and unfair.

Criminal Law and Procedure: Criminal law is the body of rules and statues which define the conduct which is prohibited by the state/government because it may harm the society/public. It is a welfare that establishes punishment which will be imposed if this law is broken.