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Civil Procedure Rules 1998 : ウィキペディア英語版
Civil Procedure Rules

The Civil Procedure Rules (CPR) are the rules of civil procedure used by the Court of Appeal, High Court of Justice, and County Courts in civil cases in England and Wales. They apply to all cases commenced after 26 April 1999, and largely replace the Rules of the Supreme Court and the County Court Rules.
The CPR were designed to improve access to justice by making legal proceedings cheaper, quicker, and easier to understand for non-lawyers. Unlike the previous rules of civil procedure, the CPR commence with a statement of their “Overriding Objective”, both to aid in the application of specific provisions and to guide behaviour where no specific rule applies.
==History==
In 1994, the Lord Chancellor instructed the Master of the Rolls, Lord Woolf, to report on options to consolidate the existing rules of civil procedure.
On 26 July 1996, Lord Woolf published his ''Access to Justice Report 1996''〔''Access to Justice Final Report'', by The Right Honourable the Lord Woolf, Master of the Rolls, July 1996, ''Final Report to the Lord Chancellor on the civil justice system in England and Wales''〕 in which he "...identified a number of principles the civil justice system should meet to ensure access to justice. The system should –
:(a) be ''just'' in the results it delivers;
:(b) be ''fair'' in the way it treats litigants;
:(c) offer appropriate procedures at a reasonable ''cost'';
:(d) deal with cases with reasonable ''speed'';
:(e) be ''understandable'' to those who use it;
:(f) be ''responsive'' to the needs of those who use it;
:(g) provide as much ''certainty'' as the nature of particular cases allows; and
:(h) be ''effective'': adequately resourced and organised.".〔''Access to Justice Report 1996'', Lord Woolf, Section I: Overview, Paragraph 1〕 (Italics in the original.)
Lord Woolf listed two of the requirements of case management as "...fixing timetables for the parties to take particular steps in the case; and limiting disclosure and expert evidence".〔''Access to Justice Report 1996'', Woolf, ''Section II: Case Management, Chapter 1, Paragraph 4''〕
The second thread of the report was to control the cost of litigation, both in time and money, by focusing on key issues rather than every possible issue〔''Access to Justice Report 1996'', Woolf, ''Section II: Case Management, Chapter 1, Paragraph 3''〕 and limiting the amount of work that has to be done on the case.〔''Access to Justice Report 1996'', Woolf, ''Section II: Case Management, Chapter 2 Fast Track: General, Paragraph 23''〕
The report was accompanied by draft rules of practice designed to implement Lord Woolf's proposals. These rules: granted wide management powers to the court〔''Access to Justice Report 1996'', Woolf, ''Section II: Case Management, Chapter 1, Paragraph 1''〕 proposed that cases be allocated to one of three tracks depending on their nature, limiting or requiring specific actions; and introduced the concept of proportionality to the costs regime.
The Civil Procedure Act 1997 (c. 12) was enacted on 27 February 1997. It conferred the power to make civil procedure rules. It also established the Civil Justice Council, a body composed of members of the judiciary, members of the legal professions and civil servants, and charged with reviewing the civil justice system.
The Civil Procedure Rules 1998 (SI 1998/3132) were made on 10 December 1998 and came into force on 26 April 1999. The draft rules of practice formed their core.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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