§ 152 Clause 85, leave out Clause 85.
1462§ The Lord ChancellorMy Lords, I beg to move that the House do agree with the Commons in their Amendment No. 152.
The main purpose of Clause 85 was to reduce pre-trial delay by cutting down the overall time limit for service of originating process by four months. It would also have ensured that the existence of proceedings was brought to the attention of the defendant within the limitation period, thus reducing the period of uncertainty for the defendant. There has been resistance to that change on the grounds that it would replace the known quantity of the present arrangements with a system which solicitors, initially at least, would find confusing, and which, because of the need to serve quickly when proceedings are commenced near the end of the three-year limitation period, would be potentially expensive.
I recognised the force of those objections and concluded that the limited benefits to be gained from implementation of that proposal of the Civil Justice Review could be outweighed by the disruption that it would cause. I drew that conclusion against the background that rules of court have, in any event, already been amended to reduce the period of validity of a writ from 12 months to four. It is hoped that this change in itself will have a significant impact on pre-trial delay.
I have been advised in this matter by some of those who were involved in the Civil Justice Review. I wish to mention particularly Mr. Justice Potter as he looked at this matter again recently with some of his colleagues. Although originally the Civil Justice Review had proposed this measure, he came to the conclusion, which I now share, that the disruption caused by the measure would not be worth the likely benefits that might accrue from it. Accordingly, we are not implementing that particular provision of the Civil Justice Review but we have come pretty close to obtaining the right result.
Moved, That the House do agree with the Commons in their Amendment No. 152.—(The Lord Chancellor.)
§ Lord MishconMy Lords, justice has been served. On Question, Motion agreed to.