4
The Civil Courts |
| » | The High Court and county courts | |
| » | Key elements | |
| » | Ancillary relief cases | |
| » | Enforcement | |
| » | Civil Court Fees | |
| » | Appeal in civil cases | |
| » | Changes to the law | |
| » | References |
| 4.1 | This chapter describes the Government's comprehensive programme to reform
the jurisdiction and procedures of the civil and family courts. These
reforms are designed to eliminate unnecessary cost, delay and complexity;
and to ensure that cases are dealt with at a cost that is proportionate
to the value and the importance of the issue at stake. The new procedures
will also provide greater certainty about how long the litigation process
will take, and what it is likely to cost; so that people can take better-informed
decisions about whether to proceed. These changes are an important part
of the Government's programme to develop a justice system which is more
accessible and commands people's confidence, because it is fair, efficient
and user-friendly.
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| The High Court and county courts |
| 4.2 | In October 1997, following Sir Peter Middleton's review (paragraph 1.1),
the Lord Chancellor announced that he had decided to introduce a programme
of reforms for the courts of first instance. Those reforms are based on
Lord Woolf's two reports on 'Access to Justice'17.
The main changes, to be introduced on 26 April 1999, represent the start
of a period of unprecedented modernisation, which will affect every part
of the civil justice system. The newly appointed Civil Justice Council,
chaired by Lord Woolf, will monitor the progress of reform, and advise
the Lord Chancellor as he directs further change.
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| Key elements |
| 4.3 | The key elements of the reform package are:
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| 4.4 | The judges will have a key role in ensuring that the new procedures deliver the objectives of reducing cost, delay and complexity. The judges will manage cases to ensure that litigants and their representatives keep to the timetable, and will be able to penalise unnecessary work. A team of Designated Civil Judges has been appointed, each with responsibility for a number of courts. They will help the Vice Chancellor, as Head of Civil Justice, to ensure that the principle of proportionality that underlies the reforms, and the techniques of successful case management, become second nature to all judges, so that litigants and their representatives receive fair but firm direction. |
| 4.5 | The Designated Civil Judges will also work with key Court Service staff to ensure that judicial and courtroom resources are used to best effect. They will use a network of Civil Trial Centres to deliver hearings of fast track cases within the standard 30 week timetable, and multi-track cases within the individual timetable set for each case. |
| 4.6 | As part of the reform programme, the Court Service is introducing new information technology to support the work of judges and staff in the civil courts. First, it will improve the systems for producing court documents automatically. This will be followed, early in 2000, by a fully-integrated system for supporting case management, which will enable the courts to track the progress of cases automatically. More projects are planned, including one which will eventually provide links with lawyers' offices, other court users and the general public. The Government recently published a Consultation Paper about our long-term ideas for developing IT in the civil justice system as a whole22. |
| 4.7 | The development of new technology, and the new procedures and working
practices described in this chapter, will also mean changes in the sorts
of buildings and equipment that the courts need to deliver an efficient
and effective service. So, for the first time, the Court Service is developing
a comprehensive plan, to identify the accommodation it will need in future
to provide reasonable access to cost-effective civil court services.
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| Ancillary relief cases |
| 4.8 | The Government is also considering how to improve the way courts handle
cases dealing with the financial arrangements for couples after they divorce
(known as 'ancillary relief' proceedings). Since October 1996, 29 courts
in England and Wales have been involved in a pilot scheme to test a new
set of procedures. These are designed to promote early settlement between
the parties, eliminate unnecessary delay, and keep costs down. Like the
reforms of civil procedure described above, the new system is based on
tight timetables and active case management. It includes:
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| 4.9 | Independent consultants have evaluated the pilot scheme, and concluded
that it has, in general, proved a success23.
A specialist committee of judges, lawyers and academics is advising the
Government about refinements that should be made to the scheme to take
account of the consultants' report and recommendations. Subject to that
advice, we expect to extend the pilot scheme across England and Wales.
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| Enforcement |
| 4.10 | Access to justice is diminished if the decisions of the court cannot be effectively enforced. There is widespread public concern about the effectiveness of present arrangements. On 25 March 1998, the Lord Chancellor announced a Review of Enforcement that will address this concern. The Review will examine the present enforcement methods for both county court and High Court judgments, and the information and advice available to creditors and debtors. It will identify changes to enhance the effectiveness, efficiency and accessibility of the enforcement system24. A second stage of the Review will consider how enforcement should be organised and managed. |
| 4.11 | The first changes resulting from the Review are expected to come into
effect in the courts in November 2001. They will include a unified set
of Rules of Court for enforcement, to be incorporated in the single Code
being introduced in April 1999.
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| Civil Court Fees |
| 4.12 | The introduction of new procedures and unified Rules of Court in April 1999 will be accompanied by a new structure for civil court fees. The Government has reassessed the basis on which fees should be charged in the civil courts, the points in the process when fees should be paid, and the levels at which particular fees should be set. |
| 4.13 | The Government's fundamental principle is that court fees should not act as a barrier to access to justice. This does not mean that the civil courts should be provided free to everyone, regardless of their means. People should not expect the taxpayer to pay for the court services they use, if they can afford to do so themselves. But the system must provide protection for the less well-off. That is why, in November 1997, the Government decided that anyone receiving a means-tested benefit should be exempt from paying court fees, extending a system which previously only protected people on Income Support. |
| 4.14 | The Government has consulted on the shape of the new fee structure25.
We have concluded that fees should generally be set to match the average
cost of the service for which they are charged. This will help to encourage
and enable litigants to make responsible choices about whether to proceed,
while ensuring that the taxpayer's contribution to the cost of the courts
is targeted on the people who really need it. The new structure will be
based on a pay-as-you-go system, with separate fees for each of the main
stages in the process. The fee for starting a case, and the fees for taking
steps to enforce payment following a judgment, will vary according to
the value of the claim. Overall, the new structure will be fairer than
the present one, and provide value for money for both the litigant and
for the taxpayer, while safeguarding access to justice.
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| Appeal in civil cases |
| 4.15 | An effective system of appeals is an essential part of a well functioning system of civil justice. The Government intends to reform the workings of the appeals system according to the same principles, of proportionality and efficiency, that underpin the civil justice reforms generally. This is essential if the benefits of those reforms are not to be diluted on appeal. Our proposals are based on the recommendations from the review of the Civil Division of the Court of Appeal, chaired by Sir Jeffery Bowman, which the last Government commissioned in October 199626. |
| 4.16 | We will achieve our objectives of greater proportionality and efficiency,
by:
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| Leave to appeal |
| 4.17 | The Government's guiding principles are that someone who wishes to appeal should be required to show reasonable grounds; and that, in normal circumstances, more than one appeal cannot be justified. In a well-functioning justice system, the emphasis should be on assuming that the court of first instance has reached the right decision; so there should not be an automatic right to appeal. But the parties to a case should have the right to ask a higher court to determine whether or not there are grounds for an appeal to proceed. Excluding groundless appeals will increase the time available for hearing meritorious ones, and so reduce delay. |
| 4.18 | Following consultation27, the Lord Chancellor
is amending the Rules of the Supreme Court to extend the requirement to
obtain leave to appeal to virtually all types of appeal to the Court of
Appeal. The only exceptions are appeals against committals to prison,
refusals to grant habeas corpus, and secure accommodation orders under
the Children Act 1989. Subject to the same exceptions, the Government
intends to introduce a requirement to obtain leave to appeal for appeals
that go to courts below the Court of Appeal.
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| Jurisdiction |
| 4.19 | The Government also consulted recently on the routes of appeal that
should apply. Our proposals were based on the new system of tracks for
non-family civil cases (paragraph 4.3).28
We have now decided that:
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| 4.20 | The routes of appeal in family cases have also been examined. We will introduce a system based on the same broad principles as that for other civil cases, but designed to reflect the special nature of family cases. |
| 4.21 | There will be flexibility to deal with cases that raise important issues
of principle; or which reflect problems that also affect a number of litigants,
and so could be dealt with more efficiently if the Court of Appeal set
an early precedent. Special provisions will allow these exceptional cases
to be sent to the Court of Appeal, instead of the court that would normally
hear the appeal.
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| Court of Appeal (Civil Division) |
| 4.22 | Changes to the constitution, procedures, working methods and management
of the Court of Appeal will help it to operate more efficiently and effectively.
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| 17 | Access to Justice. Interim Report to the Lord Chancellor on the civil justice system in England and Wales, The Right Honourable the Lord Woolf, June 1995; and Access to Justice. Final Report to the Lord Chancellor on the civil justice system in England and Wales, The Right Honourable the Lord Woolf, July 1996. |
| 18 | In 1997, nearly 98,000 cases were dealt with at an arbitration under the small claims procedure. |
| 19 | In 1997, 50% of claims issued in the county courts were for less than £1,000; 69% were for less than £3,000; and 81% were for less than £5,000. |
| 20 | We estimate that 80-90% of cases above the small claims limit will be suitable for the Fast Track. |
| 21 | In 1997, about 17,000 civil (non-family) cases in the High Court and county courts needed a trial. |
| 22 | civil.justice Resolving and Avoiding Disputes in the Information Age, Lord Chancellor's Department, September 1998. |
| 23 | Ancillary Relief Pilot Scheme Study, KPMG, August 1998. |
| 24 | Enforcement Review. Consultation Paper 1. How can the enforcement of civil court judgements be made more effective? , Lord Chancellor's Department, June 1998. |
| 25 | Access to Justice. Civil Court Fees. A Discussion Paper, Lord Chancellor's Department, February 1998. |
| 26 | Review of the Court of Appeal (Civil Division). Report to the Lord Chancellor, September 1997. |
| 27 | Reform of the Court of Appeal (Civil Division) Ð Proposal to extend the requirement for leave to appeal to the Court of Appeal, Lord Chancellor's Department, July 1998. |
| 28 | Reform of the Court of Appeal (Civil Division) Ð Proposals for change to constitution and jurisdiction, Lord Chancellor's Department, July 1998. |