The Working Party on Civil Justice Reform has submitted its final report to the Chief Justice with a total of 150 recommendations aimed at improving the judiciary system's cost-effectiveness.

The changes aim to improve the system's cost-effectiveness, to make it less complex and to reduce delays, while always keeping in mind the fundamental requirement of doing justice between the parties, he added.

Party asked to review rules, procedures

The Chief Justice appointed the working party in February 2000, to review the High Court's civil rules and procedures and recommend changes with a view to ensuring and improving access to justice at reasonable cost and speed.

It published an interim report and consultative paper with 80 proposals in November 2001.

The community sent in almost 100 written submissions in the ensuing seven-month consultation period that ended in June 2002. 

150 recommendations set out

The working party has now completed its final report, setting out its deliberations and specific recommendations for reform, and submitted it to the Chief Justice. 

The working party's major recommendations include:

* the introduction of timetables set by the court for each contested case;

* streamlining many procedures so that fewer steps are needed;

* discouraging over-elaborate pleadings, witness statements and oral evidence;

* limiting the right to take purely procedural questions on appeal;

* dealing with simple procedural matters on paper and without a hearing;

* encouraging greater openness between parties;

* encouraging earlier, fair settlements; and

* requiring proper consideration to be given to alternative means of resolving the dispute.

Apart from the many specific amendments discussed, the Working Party also recommends the rules expressly state the civil justice system's underlying objectives to guide judges and the parties in their understanding and application of procedural rules.

Cost-effectiveness, timeliness expected benefits

The rules should be interpreted and applied with a view to increasing the cost-effectiveness of the procedures in question, promoting economy and proportionality in the way the case is litigated, expediting the disposal of the case, promoting equality between parties, facilitating settlement and achieving a fair distribution of the court's limited resources among its users.

The Working Party notes that if the Chief Justice accepts the recommendations, draft legislation, rules and practice directions will have to be prepared. Implementing the recommendations would require judges, the legal profession and other users of the system to become familiar with the changes.

The Judiciary said the Chief Justice is considering the recommendations in its final report.

Announcement expected by end of March

The Chief Justice is expected to make an announcement about the final report by the end of March.

The 500-page report and a bilingual executive summary can be obtained from the registries or enquiries counters of courts at all levels.

Such documents can also be obtained through the public enquiry counters of all District Offices of the Home Affairs Department.