Home » English Civil Justice After the Woolf and Jackson Reforms: A Critical Analysis by John Sorabji
English Civil Justice After the Woolf and Jackson Reforms: A Critical Analysis John Sorabji

English Civil Justice After the Woolf and Jackson Reforms: A Critical Analysis

John Sorabji

Published August 11th 2014
ISBN : 9781107051669
Hardcover
284 pages
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 About the Book 

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 justiceMoreJohn 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 courts historic commitment to achieving substantive justice or justice on the merits. In doing so, Woolfs new theory is compared with one developed by Bentham, while also exploring why a similarly fundamental reform carried out in the 1870s succeeded where Woolfs 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 Woolfs new theory of justice.