John Sorabji examines the theoretical underpinnings of the Woolf
and Jackson reforms to the English and Welsh civil justice system.
He discusses how the Woolf reforms attempted, and failed, to effect
a revolutionary change to the theory of justice that informed how
the system operated. It elucidates the nature of those reforms,
which through introducing proportionality via an explicit
overriding objective into the Civil Procedure Rules, downgraded the
court's historic commitment to achieving substantive justice or
justice on the merits. In doing so, Woolf's new theory is compared
with one developed by Bentham, while also exploring why a similarly
fundamental reform carried out in the 1870s succeeded where Woolf's
failed. It finally proposes an approach that could be taken by the
courts following implementation of the Jackson reforms to ensure
that they succeed in their aim of reducing litigation cost through
properly implementing Woolf's new theory of justice.
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