Civil Procedure Rules

On the 23 April 1999 the County Courts in England and Wales closed. On the 26 April they opened again but now they were operating under a whole new set of rules, the Civil Procedure Rules. Now the manner of how all civil cases were to be litigated had changed forever.

The Woolf reforms that had been concluded a short time earlier had put into practice the Civil Procedure Rules which were intended to put some order back into what was fast becoming a chaotic system. The changes however did not provide a quick fix, far from it.

Over the years since 1999 there have been many amendments and test cases that have tested the structure of the Civil Procedure Rules but they still remain the under pinning structure of the civil litigation process. Underlining the Woolf Reforms and indeed the Civil Procedure Rules is an overriding objective – that is for the courts to deal with all cases justly and justice apparently demands equality, cost effectiveness, proportionality, speed and the efficient allocation of Court resources.

The Civil Procedure Rules greatest innovation is the power of case management to ensure the overriding objective is achieved, taking away the old power that the parties were in control. The power of control which falls under the court now extends from commencement to possible trial.

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