Tony Willis on Civil Justice Reform….

The new Lord Chancellor Michael Gove rightly describes delay and cost in the Civil Justice system in England & Wales as unacceptable. It must be said that the grotesque filing fees now imposed on claimants are a serious blot on access to justice but the fundamental problem lies in delay before getting in front of a Judge for trial.

As mediators down in the entrails of real cases all the time we regularly see the problems up close and (for the parties), very personal.

Fiddling with cost budgets, nostrums like early judicial evaluation or significant additions to the Rules burden are likely to make delays worse and so increase cost.

More Judges able to take control of cases and imposing early trial dates would be the answer provided the rules are pruned.