16 July 1999 TO ALL MEMBERS Dear Sirs ENGLISH CIVIL PROCEDURE REFORMS On 26 April 1999, new Civil Procedure Rules came into effect which govern all new and existing civil litigation in England and Wales (but not Scotland and Northern Ireland which remain separate and distinct). These so-called ‘Woolf Reforms’ - named after the judge who introduced these changes - represent a fundamental change in the way in which English civil litigation will be conducted. Although the reforms apply to all new litigation commenced after 26 April 1999, transitional arrangements have been put in place for ongoing cases which were already before the Courts prior to that date. These provide that when a new step is to be taken in a pre-existing case, that step should be taken in accordance with the new Rules. Although the reforms are aimed at the wider English civil justice system, the Admiralty jurisdiction of the High Court and the Commercial Court are expected to implement the essence of the Woolf Reforms such that all litigation with which Members are involved in these jurisdictions will be affected. Personal injury claims which may be subject to the jurisdiction of the Courts of England and Wales will certainly be affected: a claim, for example, by a stevedore who injures himself while working on a vessel in an English or Welsh port would be subject to the Woolf changes. The reforms may also be expected to affect cargo claims in England or Wales. The overriding objective of the new Rules is to enable the Court to deal with cases more effectively and efficiently and to reduce the costs and delays inherent in the current system. To achieve this objective, the reforms encourage greater disclosure of information between the parties prior to litigation being commenced in an effort to promote settlement as it is the intention of the reforms that parties will only resort to court action as a last resort. Not surprisingly, therefore, Alternative Dispute Resolution (“ADR”), such as mediation, is actively encouraged and facilitated. If litigation is commenced, claims will be allocated to one of three case management tracks. The Court will allocate the claim to a track largely depending on the financial value of the claim: Small Claims Track (usually for claims up to £5,000); The Fast Track (usually up to £15,000); and The Multi-Track (usually in excess of £15,000). Depending on which track a claim is allocated to, the procedure up to trial and the costs implications will vary although most Members will clearly find themselves in The Multi-Track. The duties of case management have also now been put firmly in the hands of the judges rather than the parties. Even much of the old legalistic terminology has been changed to be more “user friendly”. P.T.O. - 2 The shift in the management of a case from the parties and the lawyers to the Court is a most significant change. Judges now have much wider duties and powers to manage litigation and they will effectively take over the administration of a case in Court. The Court will supervise the parties’ conduct much more closely, the idea being that cases will need to be progressed and will not be allowed to fester in the system. Judges will take a tough line with parties (or their legal advisers) who are seen to be delaying. The Court, for example, will be able to impose sanctions for breach of its timetables or orders and which can extend to a Judge being able to strike out a claim entirely of his own initiative. This empha