Civil Justice remains a complex and inaccessible framework for litigants. The reforms issued by Lord Woolf are ineffective and the reforms issued by Lord Justice Jackson are too complex, even for the professional to understand.

Critically discuss this statement in light of the operation of the civil justice system.

This question, similar to the criminal justice system, requires the student to observe the process of civil justice and whether the system is “complex and inaccessible”. Please note that the question provides two talking points for students – the reforms of Lord Woolf and Jackson LJ – meaning that students should be discussing these in their answer. It may not be that a great deal of your answer is dedicated to the reforms made by the pair, however, some discussion is required.

When discussing the nature of the framework, as with the criminal justice system, there will be too much information for you to discuss everything. As a result, it is worth considering which area of the civil process you would like to consider.

1. A student may focus their attention on the ADR process and how this relates to the trial process itself. Students can discuss the fact that the courts are unable to force litigants to engage in ADR but can sanction them from an unreasonable refusal to engage.
2. A student may focus on the pre-trial process of disclosure and inspection. Students can discuss the distinction between criminal and civil disclosure and the civil rules relating to inspection.
3. Students can also consider the appeals process and the difficulties faced by a litigant in considering the location to which their appeals will go.

The point is, there is a lot to discuss in this area and students should be open to considering what area they wish to discuss. Beware not to stray away from the question which requires you to consider the reforms by Lord Woolf and Jackson LJ alongside the process itself.

You have been asked to provide advice to an individual at your pro bono clinic. The individual requires advice on the following matter:

“I bought a watch from a guy on the street who told me it was a genuine Rolex watch. I paid £200 for it and it turns out to be fake. I went back to him but he says it isn’t his fault and he refuses to give me a refund. What can I do?”

Your supervisor has asked you to advise this individual on the following:

(a) The potential action they may have against the vendor;

(b) How he is to commence litigation and the formalities for doing so;

(c) What options for settling the dispute out of court are;

(d) Where the case will be held; and

(e) Whether he has to pay for his costs if he wins or loses.

This question involves an overview of the civil justice system and its application to a specific individual. Given that the question is set out into separate distinct elements, it is best advised to follow this process.

1. Students should identify the simple cause of action that the client has in this case. It would appear as though the client may sue for breach of contract through a misrepresentation made by the seller of the watch. The student need not say anymore as the focus of this question is not the substantive law of breach of contract but the civil procedure relating to it.
2. Students should note that the standard civil procedure is commenced through Part 7 of the Civil Procedure Rules 1998. Part 7 requires the claimant to issue a Claim Form and Particulars of Claim and serve them on the defendant.
3. Students should appreciate that it is not necessary for a dispute to be settled in court. The majority of cases are dealt with outside of court through alternative dispute resolution (ADR). Students should note the number of options available and address the advantages and disadvantages of each (i.e. negotiation, conciliation and arbitration).
4. This section requires students to have an understanding of the value of a claim and how the value of the claim will affect the court in which it is heard. Students should explain that there are two courts in which his case may be heard, namely the County Court and High Court. Students should also explain the three different tracks that the case may be heard on and apply the relevant track to this case (i.e. the small claims; fast track and multi-track). In this case, given the value at stake the case will be heard on the small claims track in the County Court.
5. This section tests students understanding of civil costs. It will require an overview of Part 44 of the Civil Procedure Rules. As this is a case to be held in the County Court, costs are not recoverable by the parties. However, the claimant if successful may be able to recover his expenses.