Comparative Law Spring 2006 Professor Susanna FischerENGLISH LEGAL SYSTEMENGLISH LEGAL PROFESSIONFebruary 16, 2006

English Legal Profession

BarristersSolicitorsJudiciary

BARRISTERS

In 2004, about 10,000 barristers were in private practice in England and WalesWhat is the function of a barrister?What is a QC?Governing body: Bar Council – see http://www.barcouncil.org.uk/What legal work do barristers do?

CHAMBERS

What are Chambers?

INNS OF COURT

What are the Inns of Court?Middle TempleInner TempleGray’s InnLincoln’s inn

INNER TEMPLE GARDEN

INNER TEMPLE CROQUETMembers wishing to play croquet should collect the keys to the garden and the croquet shed from the Gardener. You should sign your name down when you take the key.

HOW DOES ONE BECOME A BARRISTER?

3 TRAINING STAGES

ACADEMICVOCATIONALPUPILLAGE

SOLICITORS

How many solicitors are in practice in England and Wales? (Remember! Scotland has its own legal system)Most work in private practice; some also work as employed solicitors for the Government, the Crown Prosecution Service, or a commercial/industrial organizationWhat is the function of a solicitor?

BECOMING A SOLICITOR

How do you become a solicitor? GCSE/3 ”A” LevelsUniversity (Law Degree or Not)If no law degree, CPE/Diploma in LawLegal Practice Course (“LPC”)Training ContractDO YOU HAVE TO HAVE A UNIVERSITY DEGREE TO BECOME A SOLICITOR?Can solicitors become judges?

MAJOR TYPES OF ENGLISH LAWYERS

SolicitorsBarristersThere are also Public Notaries, who are solicitors or law students who pass the Notarial Practice exam and undertake a period of supervision

Judicial Independence in England?

What are some of the main questions that have been raised about judicial independence?

English Legal Profession

Compare judicial selection to the the U.S. system – Constitutional Reform Act 2005How are judges trained in England?How can a judge’s appointment be terminated? How can judges be disciplined?

Questions Concerning Judicial Independence

Narrowness of ethnic background, sex, and age of judgesSecretive and discriminatory appointment processLimited trainingInsufficient procedures for criticism and dismissalPolitical system limits judicial independenceRight-wing bias?Influence of FreemasonryLack of specialization

English Judiciary

See Charles Yablon, Wigs, Coifs and Other Idiosyncracies of English Judicial Attire, Cardozo at: http://www.cardozo.net/life/spring1999/wigs/

The Lord Chancellor

Lord Irvine of Lairg (1997-2003)Tony Blair’s pupilmastersForced to leave in 2003Replaced with Blair’s flatmate, Lord Charlie Falconer

CIVIL JUSTICE SYSTEM

Recent major reforms

ENGLISH CIVIL PROCEDURE

Major reforms to the Civil Procedure Rules came into effect in April 1999

HISTORY OF THE CHANGE

1994 Lord Mackay of Clashfern (Lord Chancellor) appoints Lord Woolf to carry out inquiry into system of civil justice

2 WOOLF REPORTS

“Access to Justice” (June 1995)“Access to Justice” (July 1996)What problems did Lord Woolf see with the English civil justice system (in 1996 report)?

WOOLF: CRITICISMS OF ENGLISH CIVIL JUSTICE

High costs – ordinary people could not afford justiceExcessive DelayInjustice – unequal bargaining positions leading to unfair settlements, tactical manoeuvring, too much emphasis on oral evidence, difficulties in enforcement, Too much complexity

CIVIL JUSTICE SYSTEM

Major reforms spearheaded by Lord Woolf – “a new landscape for civil justice for the twenty-first century”. Access to Justice report 1996 and implementation of reforms in April 1999What changes did these reforms introduce?Are these reforms successful?Is the civil justice system moving to an inquisitorial system?

OVERRIDING OBJECTIVE - Civil Procedure Rules r. 1.1

Simplify litigationsave costsreduce litigation and litigation delaysBe fairProportionalityIn other words, change litigation culture…

CIVIL PROCEDURE RULES: PLAIN ENGLISH?

Many changes to terminology, which were designed to simplify: e.g. Plaintiff is now Claimant, Discovery is now Disclosure, Statement of Claim (High Court) is now Particulars of Claim, Pleadings are now Statements of Case

CULTURE OF CO-OPERATION

Letters before actionpre-action disclosuresPre-action protocolsCase managementPart 36 offers to settleADR

JUDICIAL CASE MANAGEMENT

3 tracks (small claims, fast, multi-track)SanctionsCosts – “English rule” not always followed

What do you think of the changes to the English system?