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2.2
The Working Party's view
(a)
The anticipated benefits of an entirely new code
In March 2001, the first evaluation of the operation of the CPR was published by the
Lord Chancellor's Department (the "LCD") entitled Emerging Findings ("LCD-EF").
The criteria adopted for measuring the success of the reforms involved asking to what
extent they had led to :-
(a)
litigation being avoided wherever possible;
(b)
litigation becoming less adversarial and more co-operative;
(c)
litigation becoming less complex;
(d)
the timescale of litigation becoming shorter and more certain;
(e)
the cost of litigation becoming more affordable, more predictable, and more
proportionate to the value and complexity of individual cases; and,
(f)
parties of limited financial means becoming able to conduct litigation on a more
equal footing.
These criteria are helpful in trying to decide whether to adopt the CPR as a whole.
One may ask - while always bearing in mind the circumstances peculiar to Hong
Kong - to what extent those benefits appear to have been achieved in England and
Wales during the first 4½ years or so of the new code's operation.
have been successful in some areas but disappointing in others. It seems clear that
fewer proceedings are being started and that the time taken between issuing those
proceedings and trial has on average been significantly reduced. It also appears that in
some areas, litigation may have become less adversarial and more cooperative with
more cases settling earlier and fewer cases settling at the courtroom door. These are
the successes, particularly in relation to smaller, lower-value cases. However, there
have been notable disappointments in relation to costs and complexity. There is also
doubt as to whether greater equality between wealthy and less wealthy litigants has
been achieved.
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