Chapter 3Resolving disputes
1997 and new Civil Procedure Rules 1998 (SI 1998/3132),
which came into effect on 1 April 1999. The main changes
are as follows:
1 New terminology.The new rules are expressed in
more modern language. For example, ‘plaintiffs’ are
now known as ‘claimants’, and ‘writs’ are called ‘claim
forms’. A summary of some of the more important
changes to legal terminology is set out in Fig 3.3.
2 Encouraging settlement.The new rules contain a
number of features which are designed to encourage the
parties to settle their dispute.
(a)Alternative dispute resolution (ADR). The parties are
actively encouraged at various stages to use ADR (see
later).
(b)Pre-action protocols. Cases are managed in accordance
with pre-action protocols, which operate like codes of
practice, with which the parties must comply at the
pre-trial stage. The protocols include timetables for the
exchange of information and use of expert witnesses,
e.g. the parties are encouraged to instruct a single expert
witness, rather than each side mustering their own
expert witnesses. The effect of the protocols is that there
is more work, and therefore costs, which must be paid
for up front.
(c)Costs and payments into court. The judge now has
greater discretion about the award of costs. The criteria to
be considered include the conduct of the parties at the pre-
trial stage, whether it was reasonable to raise a particular
issue and the way in which the parties have pursued
their cases. It has always been the case that the defendant
can make a payment into court so as to reduce costs if
the claimant’s award does not exceed the amount paid
in. It is now possible for the claimant to make an offer to
settle with a similar effect on the matter of costs.
3 A single jurisdiction.The High Court and county
courts become a single jurisdiction operating to a com-
mon set of procedural rules. Proceedings are commenced
in the same way in any court. Cases are then allocated to
the most appropriate court.
4 Case management. Cases are allocated to one of
three tracks, depending on their value and complexity.
(a)A fast trackfor claims between £5,000 and £15,000.
These cases are heard by the county court within 30
weeks. The judge sets a timetable to ensure that the case
can be tried on time. The normal hearing time should be
three hours but with an absolute maximum of one day.
(b)A small claims trackfor all cases up to £5,000, except
personal injury and housing cases, where the limit is
£1,000. These cases are dealt with by the judge following
any procedure he or she considers fair.
(c)A multi-trackfor all claims over £15,000 and for
complex cases of less than £15,000. Judges manage these
cases, setting and monitoring the timetable to be fol-
lowed by the parties. Estimates of the costs are published
by the court or agreed by the parties and approved by
the court. The High Court deals with multi-track cases.
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Figure 3.3New terminology following the Woolf
reforms
Civil justice reforms – a new language
Old term New term
Plaintiff Claimant
Writ, originating summons, Claim form
petition
Pleading (the reason for Statement of case
the claim)
Minor/infant (person under Child
Membership of the firm
Affidavit Statement of truth
In chambers or in camera In private
Ex parte Without notice
Subpoena Witness summons
Discovery (of documents) Disclosure
Anton Piller orders (a pre-trial Search orders
order empowering a plaintiff to
enter the defendant’s property
to search for and seize
documents and articles
relating to the cause of action)
Interlocutory injunction Interim injunction
Mareva injunction (granted Freezing injunction
by a court to prevent the
defendant transferring
assets abroad)
Next friend (adult who acts Litigation friend
on behalf of child in litigation)
