| 190. |
The Working Party's
terms of reference are directed at possible reforms to the High Court's system of
procedural rules. While reforms to those rules are a vital element of any attempt to cure
the defects in our civil justice system, it must be emphasised that changing the rules
alone cannot be a sufficient response. The rules function within an institutional,
professional (Note 144) and cultural framework which must undergo complementary
and supporting changes if the reforms are to succeed. |
|
|
| 191. |
To take one example,
changes to the rules would have little effect if they were not supported by judicial and
court administrative staff in sufficient numbers, properly resourced and given appropriate
training on the objectives of the reforms and how to implement them. |
|
|
| 192. |
Not having changed for
well over a decade, (Note 145) additions to the Judiciary's establishment may be needed
to meet current demands on the system. |
|
|
| 192.1 |
In recent months,
waiting-times appear to have been deteriorating. (Note 146) |
|
|
| 192.2 |
Given the sharp
increase in bi-lingual court business, (Note 147) appropriate resources need to be deployed to meet those
demands if performance standards are not to deteriorate. |
|
|
| 192.3 |
Modern litigation
arising from increasingly complex transactions in a framework of sophisticated legislation
and case-law unquestionably tends to be heavier and more complex, making additional
demands of the judiciary. |
|
|
| 192.4 |
Most of the possible
reforms are premised on greater discretionary case management by judges - an adjustment
which is likely to call for more judges on the ground if delays are not to result. This
illustrates the fact that pursuit of one reformist objective (better case management by
the courts) may prejudice another (the reduction of delays) unless reforms proceed on a
coordinated broad front. |
|
|
| 193. |
However, additional
judges cannot be precipitously appointed to what are effectively life-time posts.
Candidates with suitable qualifications, abilities and temperament, who are willing to
accept appointment have to be found. |
|
|
| 194. |
Lord Woolf has pointed
to the entrenched interests and a legal culture that have to undergo change if true
reform, accompanying changes to the system of rules, is to take place. The task is
intrinsically a difficult one, as Professor Garry D Watson QC points out :- |
|
|
| 144 |
In many jurisdictions,
lawyers' professional associations have cooperated by making complementary changes to
their codes of professional conduct and etiquette, sometimes with a view to providing a
sanction against conduct deemed improper under the new rules but more often to ensure that
lawyers who seek to comply with duties imposed under the new rules do not fall foul of
pre-existing professional rules. <back> |
|
|
| 145 |
Appendix B, Table 4.
<back> |
|
|
| 146 |
Appendix B, Tables 12
to 14. <back> |
|
|
| 147 |
Appendix B, Table 27.
<back> |
|
|
| 148 |
Garry D Watson QC, From
an adversarial to a managed system of litigation: A comparative critique of Lord Woolf's
interim report, in Roger Smith (ed), Achieving Civil Justice, Legal Action
Group (1996). <back> |
|
|
| 149 |
ALRC No 89, p 77
ยง1.75. <back> |
