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Procedures become more cost-effective where they help to ensure that each item of
costs incurred achieves more towards bringing the parties closer to a resolution of their
dispute, whether by reaching settlement or arriving at a final adjudication.
To that end, the Working Party has sought, for example, to find ways of simplifying
procedures, lessening the number of procedural steps needed, getting more done at any
one hearing, dealing with more applications on paper, penalising unnecessary
applications, discouraging over-elaboration in pleadings, witness statements and oral
evidence, restricting interlocutory appeals, and so forth.
These aims also involve countering the excesses of the adversarial system, fostering
greater openness between the parties, finding ways of encouraging earlier settlement
and giving proper consideration to alternative modes of dispute resolution.
The reforms recommended call for the court's greater involvement in case managing
litigation and monitoring its progress, setting timetables tailored to the needs of
particular cases.
As explained in the Interim Report and touched upon further below, one cannot be
assured that a reduction of litigation costs will necessarily follow from such reforms
alone. Other factors are equally important. However, by improving cost-
effectiveness, cutting delays and reducing complexity, such reforms should help to
achieve overall cost reductions and to make the system more responsive to the needs
of individual cases.
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