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How Law Works$
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Ross Cranston

Print publication date: 1993

Print ISBN-13: 9780199292073

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199292073.001.0001

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(p.146) 5 Procedure
How Law Works

Ross Cranston

Oxford University Press

This chapter describes the implications of the Lord Woolf reforms for settlements, a less adversarial culture and the cost of litigation. In particular, it draws on the social research to explore civil procedure in England and Wales, mainly the big bang brought about by the Woolf reforms. In addition to what has been described as managerial judging or court control, some other broad themes of the procedural change such as facilitating settlement are described, dealing with cases proportionately and encouraging alternative dispute resolution. It starts by outlining the procedural changes themselves. The movement for greater court control runs in parallel with that to facilitate more settlements. It is proposed that one must know more of the operation of the civil justice system in England and Wales if he/she will pursue avenues for its future operation which accord with existing principles and achieve values such as equality before the law and more effective access to justice.

Keywords:   civil procedure, England, Wales, reforms, litigation, Lord Woolf, access to justice, settlement, equality, civil justice system

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