 |  |
|
 |
 |
 |
 |
|  | |  | |
(a)
Training
The Working Party considers proper training for judges, judicial officers (together
referred to as "judges")
and court staff essential to the success of the proposed
reforms.
(a)
Some such training will be traditional - a matter of ensuring that judges keep up
with amendments to well-known rules. This would apply, for instance, to
proposed changes to the mode of commencing proceedings, to challenges to
jurisdiction, to the scope of Mareva injunctions, to changes in the procedure for
judicial review, and so on.
(b)
Other changes will require judges to acquaint themselves with new concepts
and their underlying principles. Sanctioned offers and payments, verified
pleadings and witness statements and interlocutory orders prescribing automatic
sanctions, are examples.
(c)
More broadly, there will be a need for training and joint workshops on case
management techniques with a view to promoting fairness and consistency in
the exercise of discretion. This will be important, for instance, in relation to :-
(i)
assessing case management needs based on the procedural questionnaire;
(ii)
fixing and modifying the timetable and dealing with non-compliance with
timetable and milestone dates;
(iii)
recognizing when mediation should be recommended and dealing
appropriately with refusals to mediate;
(iv)
using costs orders to deter unreasonable interlocutory conduct;
(v)
making summary assessments of costs;
(vi)
dealing with non-compliance with proportionate sanctions;
(vii)
giving directions at the pre-trial review for the case management of the
trial;
(viii)
dealing with applications for leave to appeal from interlocutory decisions;
(ix)
in specialist courts, exercising procedural autonomy in an appropriate
manner, after consultation with the users of such courts;
|
 |
|