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Quiet Revolution: English Civil Court Reform and the Introduction of Case Management

NCJ Number
118872
Journal
Justice System Journal Volume: 13 Issue: 2 Dated: (1988-89) Pages: 202-219
Author(s)
J Plotnikoff
Date Published
1989
Length
18 pages
Annotation
This article traces the developing interest in case management in England, describes the history of the Civil Justice Review, and examines its recommendations in the context of its tentative endorsement of pretrial judicial intervention.
Abstract
The Civil Justice Review, established by the Lord Chancellor in 1985 to "improve the machinery of civil justice," identified the complexity of the English court system, delay, and costs as the main deficiencies in civil justice. Other problems identified included inadequate record keeping and lack of management information. This article summarizes the review's major findings and recommendations on these issues. The review describes judges and administrators as exercising joint responsibility for the effective overall functioning of the system, but with separate responsibility for particular functions. To implement the exercise of this joint responsibility, the review recommended improving the management information available to the judiciary and administrators, thus establishing new formal arrangements for cooperation between judges and administrators. For the system to work, however, judges must be involved not only in the operation of the system, but in its design. The issue of bench-bar cooperation, a fundamental part of any case management system, has yet to be addressed. 21 footnotes, 26 references.

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