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The Civil Of The American Civil Justice System

Decent Essays

The Civil Procedure Rules aim was to supply simply expressed rules in order to make the civil justice system accessible, fair and efficient . In order to assess the extent to which they have provided this it will require an assessment of the Overriding objective of the CPR, the use of pro- action protocols, and an analysis of judicial case management. Assessing these parts of the CPR will enable an evaluation of whether the CPR emphasis in preparing cases for settlement, instead of preparing cases for trial, may have caused a quicker and more effective mechanism for settling disputes. The CPR were introduced in 1998 with an accompanying practice direction. They were introduced after Lord Woolf’s Access to Justice Report which stated that the Civil Justice system had problems of cost, delays and complexity which has created an injustice to the Civil Justice system . CPR r.1.1 (1) states that there overriding objective is to enable the court to deal with cases justly while at a proportionate cost . The CPR requires the courts and the parties to further the overriding objective . One instance where the parties are to further the overriding objective would be through the removal of arguments likely to fail. For instance, in the case of Buxton v Mills- Owens it was held that the legal adviser’s parties will be in breach of their obligations under 1.3 if they advance arguments which they know are bound to fail . Thus, providing a quicker way to settling disputes by ensuring a

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