- Title Pages
- Notes on Contributors
- Table of Cases
- Table of Legislation
- 1 Introduction
- 2 The Woolf Reforms: A Singular Event or an Ongoing Process?
- 3 Civil Litigation: What is it For?
- 4 What is the Meaning of CPR r 1.1(1)?
- 5 ‘Actively’: The Word that Changed the Civil Courts
- 6 Litigation Management under the CPR: A Poorly-used Management Infrastructure
- 7 Group Litigation, Class Actions, and Collective Redress: An Anniversary Reappraisal of Lord Woolf’s Three Objectives
- 8 A Blot on the Landscape
- 9 Costs Orders as a Case Management Tool
- 10 Costs Shifting, Security for Costs, and Class Actions: Lessons from Elsewhere
- 11 Litigation, Cost, Funding, and the Future
- 12 CPR r 32.1(2): Case Management Tool or Broad Exclusionary Power?
- 13 Disputes of Fact in Interim Applications
- 14 Proportionality and Suitability of the Disclosure Regime under the CPR
- 15 Experts and Woolf: Have Things Got Better?
- 16 The Role of the Expert under CPR Pt 35
- 17 ADR after the CPR: Have ADR Initiatives Now Assured Mediation an Integral Role in the Civil Justice System in England and Wales?
- 18 Alternative Dispute Resolution, the Threat of Adverse Costs, and the Right of Access to Court
- 19 Civil Procedure in the European Order: An Overview of the Latest Developments
- 20 The Influences of the CPR on Civil Procedure and Evidence Reform in the Netherlands
- 21 The Ethos of the Woolf Reforms in the Transformations of Post-socialist Civil Procedures: Case Study of Poland
- 22 The Woolf Reforms: What’s the Verdict?
- 23 The Civil Procedure Rules Ten Years on: The Practitioners’ Perspective
- 24 Some Thoughts on the First Seven and a Half Years of the CPR
A Blot on the Landscape
A Blot on the Landscape
- (p.156) (p.157) 8 A Blot on the Landscape
- The Civil Procedure Rules Ten Years On
- Oxford University Press
This chapter assesses why the English civil costs regime has failed, and what needs to be done for it to recover. In 1995, Lord Woolf in his Interim Report stated that, ‘the expense of litigation is one of the most fundamental problems confronting the civil justice system’. The parallel development of conditional fees has sharpened the difficulty of ensuring a fair balance between parties to litigation and has encouraged ‘cost building’. While the new litigation landscape introduced by the CPR has been generally welcomed, costs remain a significant and continuing blot.
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