ADR and Settlement of Mass Claims
Edited by Christopher Hodges and Astrid Stadler
Chapter 5: Settlement and its pitfalls in England and Wales
The civil procedure system in England and Wales has now had over 12 years’ experience with settlement being a formal goal of civil procedure, under the Civil Procedure Rules 1998 (CPR), but settlement has been embedded in the common law system for at least a century. However, the reforms inspired by first Woolf and recently Jackson show that costs rules, funding arrangements, lawyers’ culture, and general policy all have significant impact on settlement rates, and when and how settlement occurs.
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