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They are based on two
detailed reports drawing together current strands of thought and with the benefit of
extensive consultation in England and Wales. |
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Those reports have
sought to tackle the problems on a wide front and led to a total of 303 recommendations
for fundamental and far-reaching changes to the civil justice system. |
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The adopted
recommendations have been translated into a comprehensive set of procedural rules (the
CPR) with accompanying practice directions, specialist court user guidance notes and,
presently with five pre-action protocols issued. One therefore has the advantage of
specific rules, directions and protocols providing focal points for discussion. |
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The Rules of the
Supreme Court replaced by the CPR are in many respects identical to the HCR presently in
use in Hong Kong. |
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The bulk of the CPR
came into operation on 26 April 1999 and so allow an assessment of their operation over
the last two years. |
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218. |
The Woolf reforms
themselves drew on much work on civil justice systems that had preceded them. However, in
the current era, they are pre-eminent in the field. Other reforms being discussed, and in
some cases, already implemented have drawn heavily on Woolf concepts and rules expressed
as part of the CPR. It therefore follows that any consideration of possible reform options
for Hong Kong can usefully commence by examining the range of changes resulting from the
Woolf reforms, a process likely to encompass most other reform initiatives, and then
supplementing those changes by reference to ideas or rules from other jurisdictions. |
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219. |
At the outset, much of
the criticism directed at the Woolf reforms were of a transitional nature. Many complained
that too little time had been allowed for the transition and that numerous changes in the
first few months had made it hard to keep up with them or even to ascertain what the
latest position regarding the CPR or the associated practice directions was. |
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220. |
However, after that
initial period and over the first two years of their operation, the CPR have generally
been favourably received in England and Wales. Referring to various surveys on the CPR,
the Lord Chancellor's Department points out that :- |
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The Law Society sent a
questionnaire to members of its Woolf Network. Respondents believed that the rules were
working quite well when the responses were published in September 1999. (Note 160) |
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Wragge and Co, in their
survey of Legal Heads of FTSE 1000 companies showed that 89% of respondents were in favour
of the reforms. (Note 161) |
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The Centre for Dispute
Resolution conducted a MORI poll of practitioners, with an 80% level of satisfaction
amongst respondents to their survey. (Note 162) |
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Key aspects of the
reforms were welcomed by the Association for Personal Injury Lawyers (APIL) and the Forum
Of Insurance Lawyers (FOIL) who distributed a questionnaire amongst their members. (Note 163) |
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Eversheds Access to
Justice survey shows that 54% of its respondents said that the litigation process had
improved. (Note 164) |
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A survey by the firm of
solicitors, Lovells, of their litigation lawyers confirmed that parties are now treating
litigation as a last resort and are going to greater lengths to try and resolve disputes
without recourse to legal proceedings. (Note 165) |
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