N2. Training
| 712. |
Critics of Lord Woolf's reforms, such as
Professor Zander, have expressed concern as to the width of judicial discretion arising
under the CPR. They argue that this inevitably makes for inconsistency among judicial
determinations, leading to injustices very difficult to cure on appeal. They are
undoubtedly right to point to such dangers. If reforms are to gain acceptance, it is
crucially important that a high quality of judicial decision-making, exhibiting an
intelligent application of the discretionary principles, be attained: Proposal 78. |
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| 713. |
This means that serious training programmes
must be set up for judges, masters and court administrative staff to acquire an
understanding of the reforms and to hone the skills needed to administer them. As Lord
Woolf pointed out :- |
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"The new system of
case management will involve new responsibilities, a new ethos and new skills for all
members of the judiciary. It will require greater expertise in the handling of civil cases
including case management skills. The new skills will require enhanced training. It will
rely on team work and liaison between different levels of judges. It will require a new
approach to the deployment of judges to ensure a greater element of continuity and
consistency."(Note 608) |
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| 714. |
As with the deployment of resources, the
content of training programmes should also be sensitive to and directed at the needs of
any procedural reforms adopted. To take a few instances :- |
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The summary assessment of costs demands a
degree of consistency and may benefit from judicial conferences along the lines of
sentencing conferences as part of a training programme. Regular newsletters might be
circulated indicating the level of summary assessments made. |
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If court-annexed mediation were to be adopted,
judges would require training to help them identify those cases which may and those
unlikely to benefit by a reference to such mediation (or some other form of ADR). |
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With the increasing number of litigants in
person, judges should be made aware of any measures designed to assist them and also
receive training in how to deal sensitively and effectively with such litigants in the
course of hearings. Administrative staff will require training on how to assist and deal
with litigants in person at the Registry counter, on the telephone, and so forth. |
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In so far as information technology is
harnessed to civil justice system reforms (see below), the training of judges and all
relevant court personnel in the use of such IT systems will be essential. |
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| 715 |
Again, an analysis of any adopted reforms is
required to identify specific areas where judges and court officials are likely to profit
from training. |
Notes
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