 |  |
|
 |
 |
 |
 |
|  | |  | |
Recommendation 1]
The Interim Report posed the question whether proposed reforms should be
implemented through the adoption of an entirely new code of civil procedure along the
lines of the Civil Procedure Rules 1998 ("CPR") in England and Wales (based on the
recommendations of Lord Woolf) [Proposal 74] or whether our existing High Court
Rules should essentially be maintained with selective amendments grafted onto them
[Proposal 75].
Consultees' views were split on this issue. While the Working Party recognizes that
cogent arguments exist in favour of Proposal 74, it has decided, on balance, to
recommend Proposal 75.
It has reached this conclusion taking into account the peculiar circumstances of our
legal system in the light of assessments which have been made of the impact of the
CPR during the first 4½ years or so of their operation in England and Wales. It is
noted that the CPR have been successful in some areas but disappointing in others,
notably in relation to the reduction of legal costs.
The Working Party has sought :-
(a)
to try, if possible, to avoid the pitfalls revealed by the CPR experience, for
example, in respect of measures carrying front-loaded costs;
(b)
to try to form a realistic view of the benefits likely to be achievable under local
conditions; and,
(c)
to ask whether such benefits can be achieved with less disruption than by
introduction of an entirely new code.
|
 |
|