The most important reform of
English courts in over a century happened on 26-04-1999 with the
introduction of a complete new set of
Civil Procedure Rules covering the procedure of the High
Court and the County Court. They are supposed to be simpler,
particularly because they are written in plain English -
although you have to beware the fact that every rule is
supplemented by a Practice Direction. This means you cannot be
sure what a rule says without looking both at the rule itself
and at the accompanying Practice Direction. The CPR also aim to
give the judges more control over proceedings rather than
lawyers (who were felt to allow too much delay) and to encourage
parties to settle their differences, preferably before
litigation even starts. This seems to be working as there has
been a big drop in the number and length of cases in the courts
since the introduction of the CPR.
The courts are supplemented by a
large number of specialist tribunals whose procedures tend to be
less formal than that of the courts but which provide specialist
knowledge in particular areas. Examples include the social
security Appeals
Tribunal, the Immigration
Appeal Tribunal, the Rent Assessment Committee and the
Leasehold Valuation Tribunal. They each have their own
administration but most are regulated by the Council on
Tribunals.
The Rent Assessment Panel
provides members of the Rent Assessment Committee and the
Leasehold Valuation Tribunal. They are administered by the
Residential
Property Tribunal Service which is funded by the government
(through the Office of the
Deputy Prime Minister).
Judges and tribunal lawyer
members are appointed by the Lord Chancellor who heads the
Department for Constitutional
Affairs.
The law of England and Wales is
based on judge-made common law, now overlaid by a huge quantity
of statutes (Acts of
Parliament) and
statutory instruments (legislation which is secondary to
statute but also has to be approved by Parliament). However
statute has to be interpreted by a court. Therefore, the reports
of the decisions of the higher courts are as important, if not
more important. Interpretations of the law by the House of
Lords, the Court of Appeal and the High Court are each binding
on the courts at lower levels. Decisions of the County Court are
not normally reported and are only "persuasive" and not binding
on other County Courts. You can find some law reports on-line
for free at the Court
Service and
House of Lords web-sites. There are also more comprehensive
services for which you have to pay a substantial subscription.
The best free source is Bailii
(the British and Irish Legal Information Institute).
The legal system came into being
as an alternative to more primitive means of dispute resolution.
However, it is often now seen, particularly in the USA, as too
adversarial, costly, unpredictable, rigid, over-professionalised,
damaging to relationships and limited to narrow rights-based
remedies rather than creative problem-solving. Alternatives to
going to law, collectively known as Alternative or Appropriate
Dispute Resolution, or "ADR" for short, have therefore been
developed.
The main form of ADR is
mediation. In the UK. There is more information about ADR on
the
DCA website.
Since 1950 the services of
solicitors and barristers have been made available for those who
could not afford them by Legal Aid (now known as public funding
or Community Legal Service funding). Subject to a means test and
a merits test for their particular case, individual clients were
provided with advice and litigation services from any solicitor
willing to take on the work. Increasing pressure on the legal
aid budget over the previous decade was the excuse for fundamental
changes in the legal aid system brought in by Blair's
Lord Chancellor (whose government department is now called the
Department for Constitutional
Affairs). The merits test has been tightened up and
legally-aided services are only now available from solicitors
with contracts granted by the
Legal Services
Commission (previously called the Legal Aid Board).
The European Influence

To be Contd.
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