CIVIL JUSTICE REVIEW (Hansard, 6 February 1985)

§ The Lord Chancellor (Lord Hailsham of Saint Marylebone)

I have decided to set up an inquiry, to be called the Civil Justice Review. The purpose of the review is to improve the machinery of civil justice in England and Wales by means of reforms in jurisdiction, procedure and court administration, and in particular to reduce delay, cost and complexity.

The review will examine in turn the arrangements for each of the main classes of civil business, including personal injuries, small claims, debt, housing and commercial cases. It will not in the first instance address family business, which is the subject of separate studies.

I shall direct the review and will be assisted by factual studies commissioned from outside consultants. I have also set up an independent committee, whose terms of reference are: To advise the Lord Chancellor and his officials on matters arising in the course of the conduct by him of a general review of civil justice.

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The Chairman is Sir Maurice Hodgson—Chairman, British Home Stores

The other members are:—

Sir Kenneth Bond—Deputy Managing Director, General Electric Company

Mrs. Gillian Borne—National Association of Citizens' Advice Bureaux

The Right Honourable Lord Justice Griffiths, MC Peter Jacques, Esq.—Social Insurance and Industrial Welfare Dept., TUC

Bob Kerr, Esq.—Personal Insurances Manager, Guardian Royal Exchange

Rodger Pannone, Esq.—Solicitor

Mark Potter, Esq. QC

Professor Ian Scott—Barber Professor of Law, University of Birmingham

Richard Thomas, Esq.—Solicitor, National Consumer Council

I intend that each class of civil business be considered in a three-stage process: first, a factual study of the progress of cases through the courts, in order to establish the time taken, the cost incurred at various stages and the factors that significantly affect progress; secondly, consultation on the basis of a published document analysing the results of the factual study and outlining proposals for change; and, thirdly, ministerial decisions, to be followed by legislation and implementation.

Work on personal injuries will start immediately so as to enable policy decisions to be made by the end of 1986; work on the other areas of business will be progressively instituted with a view to reaching decisions by the end of 1987.

As the pattern of information from the factual studies becomes clearer, the review will also address itself to more general matters, including the structure of the courts and the distribution of business between them; the adequacy of the procedural rules and practices that govern the conduct of proceedings; and the question whether the court should involve itself more actively in the conduct of cases in order to speed up progress. Account will be taken of developments in jurisdictions outside England and Wales. The review will concentrate mainly on the work of the courts, but the study of housing cases will include those dealt with by tribunals.