Woolf Reforms
A summary of the changes to the Civil Justice System in England & Wales.
The manner in which claims, particularly those involving
personal injury, which fall under the jurisdiction of the Civil Justice
System in England & Wales, are handled, changed on 26th April 1999.
The changes, brought about by the report, commissioned
by the Government, and produced by Lord Woolf & his committee, are
known as the Woolf Reforms.
These changes are intended to ensure that disputes
or claims be resolved quickly, efficiently, equitably & economically,
with emphasis on achieving resolution without resorting to the Courts.
THE CHANGES
- In the event that the dispute goes to litigation,
the legal process will be managed by the Judge, not the lawyers
- The Judge will set the litigation timetable.
- There will be three " Legal Tracks "
· Small - less than £ 5,000
· Fast - less than £ 15,000
· Multi track - more than £ 15,000
- The rules over time and procedure will be fixed
and cannot be altered.
- Expert Testimony (Witness), will be limited (probably
to one witness only, and the testimony will be shared by both sides
in the dispute
- Also, both sides will be required to share their
evidence and produce supportive documents.
- Companies will need to appoint a controlling officer,
responsible for the collation of documents and signing off of the procedures.
Judges will be empowered to impose penalties for breaches of the procedures.
- The Judiciary will not tolerate stalling or timewasting.
WHAT DOES THIS
MEAN TO YOU?
- A claimant must notify you in writing of any intention
to make a claim before legal action is commenced.
- You must respond within 21 days of that
notice, and identify your Insurers.
IN PRACTICE - YOU TELL US, AND YOUR INSURERS WILL
RESPOND TO THE CLAIMANT WITHIN 21 DAYS.
- 90 days thereafter, liability must be accepted
or denied.
- If liability is denied, any document upon which
you intend to rely must be disclosed.
WHAT YOU MUST DO
- Report every incident to us, immediately, particularly
those involving personal injury. Under no circumstances should you wait.
The claimant may take upto 3 years to put his or her claim together,
whilst you have 21 days to acknowledge, and no more than 3 months to
defend.
- We will advise you what to do next.
- Appoint a " Documents Officer " now.
We will advise he or she when a claim requires a catalogue of supportive
documentation.
- Ensure your staff recognises any letter suggesting
a claim is being made against you, particularly formal letters from
solicitors, which are headed " Letter of Claim ".
- What used to be called a Writ, is now called a
Claim Form. It is a legal document, headed Claim Form, and should be
actioned with the same urgency as a Writ.
- Put in place a procedure to ensure all such documents
reach your Documents Officer immediately, and then pass them to us on
the same day.
CONSEQUENCES
If you want your Insurer to defend and/or pay
the bill, you MUST play to the rules. If your Insurer can legitimately
demonstrate that your failures as to:
- Time
- Investigation
- Documents
Has genuinely prejudiced the defence, they may try
to:
- walk away
- pay and then recover from you
- settle as a matter of expediency and then put
up your premium
- determine that all or part of an award constitutes
a penalty and as such is not insured.
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