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Transforming the Role of English Judges

NCJ Number
175572
Journal
Judicature Volume: 81 Issue: 6 Dated: May-June 1998 Pages: 244-249
Author(s)
S Flanders
Date Published
1998
Length
6 pages
Annotation
Reforms now being implemented will transform the civil justice system of England and Wales and give judges more control over civil litigation in a manner similar to that of judges in the United States.
Abstract
The chief justice for civil matters has issued a series of reports titled "Access to Justice." The new program gives a new centrality to judicial case management. The reforms will compress times, limit preparation, control costs, and establish a three-track system with distinct rules and procedures for different cases depending on their magnitude. The reform proposals include 303 recommendations. These recommendations resulted from research and hearings conducted by the Woolf Inquiry Team in England and Wales. Two governments, the judiciary, and the legal profession have all supported the reforms. The only major criticism has come from Professor Michael Zander of the London School of Economics, who postulates that judicial case management is an alien notion contrary to the British legal culture. Zander's strongest point appears to be the suggestion that implementation be on a limited basis that emphasizes pilot programs and evaluation. The Lord Chancellor must decide on behalf of the prime minister whether to officer the necessary support for the reforms; so far two lord chancellors have provided that support. The lack of opposition from the judiciary may indicate that English judges have perceived that the Woolf reforms offer job enrichment as well as an opportunity to serve the public better. Photographs and excerpts from the report

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