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B3. The main defects identified
| 23. | Some commentators, notably Professor Genn (Note 16) and Professor Zander, (Note 17) have pointed to the paucity of empirical research into the nature, extent and causes of problems of legal access. Nonetheless, as indicated in the preceding section, it is apparent from the literature that a widespread consensus exists as to the nature of the problems afflicting civil justice systems. |
| 24. | The list of defects identified by Lord Woolf as set out in the Evaluation of the English reforms published by The Lord Chancellor's Department is typical. Lord Woolf found that:- |
| * | litigation was too expensive, in that costs often exceeded the value of the claim; | |
| * | litigation was too slow in bringing a case to a conclusion; | |
| * | there was a lack of equality between litigants who are wealthy and those who are not; | |
| * | litigation was too uncertain in terms of time and cost; | |
| * | the system was incomprehensible to many litigants; | |
| * | the system was too fragmented since there was no clear overall responsibility for the administration of civil justice; | |
| * | litigation was too adversarial as cases were run by the parties and not by the courts with the rules all too often ignored by the parties and not enforced by the courts. (Note 18) |
Notes
| 16 | Hazel Genn: "Paths to Justice, What People Do and Think about Going to Law" (Hart Publishing, 1999), p 1. <back> |
| 17 | Michael Zander QC, "The State of Justice - The Hamlyn Lectures, 1999" (Sweet & Maxwell, London 2000), p 28. <back> |
| 18 | EF, ยง1.7. <back> |
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