header-logo header-logo

09 April 2009 / Matthew Lawson
Issue: 7364 / Categories: Opinion , Public , Legal services , Costs
printer mail-detail

Complex matters

Has Woolf failed big-ticket litigation? Matthew Lawson

It may seem an odd proposition that the Woolf reforms, with their legitimate aims of improving access to justice and reducing the cost of civil litigation, have, 10 years on, failed a constituency many would argue least worthy of assistance in the first place.

Commercially powerful litigants with perceived deep pockets are often portrayed as the manipulators of the civil justice system, clogging up the courts with bullying claims or pressuring opponents with lesser resources into derisory settlements. But large commercial enterprises (in which I include insurers and large professional services organisations, as well as major corporates, banks and other financial institutions) need an effective and cost efficient civil justice system as much as anyone, to provide certainty by the adjudication of legitimate commercial disputes.

Lord Woolf may not have had them at the forefront of his mind when he wrote his reforms but in many ways, this constituency stood to benefit most from their implementation. The ideas of early settlement or summary determination of unsuitable disputes,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Aggressive sales tactics can add up to fraudulent trading even without proof of a particular deception or financial loss
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
Police powers targeting concealed identities at protests come with procedural conditions that could determine whether prosecutions succeed
back-to-top-scroll