THE jury is still firmly out on the Lord Chancellor, Lord Irvine's, reforms to the civil court system (Bury Times Apri 16)

Rushed through, with the new rules published less than three months before they come into force, it remains to be seen whether the promised brave new world will live up to expectations. The aims of the changes are laudable - quicker, cheaper and more efficient access to justice - and in Bury we are lucky to have a high quality judiciary, an efficient court staff and lawyers with the ability and desire to make the changes work to the advantage of their clients.

Yet there are problems. Raising the small claims limit to £5,000 is a mistake. If you sue your double glazing company for less than £5,000 you will not recover your legal fees even if you win! Of course you are not obliged to instruct a solicitor. But most companies will - and you will come up against a professional familiar with the court and the rules. Is that fair? Many solicitors believe their clients will not think so.

Local businesses too will notice the changes. Very few small traders will think that a debt of just under £5000 is a "small claim" - but they may face a debtor who has no defence to their claim and be forced to pay their own legal fees to recover the debt.

The new "fast track" system for claims between £5,000 and £10,000 promises a fixed one-day trial within six months. But will the court system be able to cope? We are told they will still "double book" cases on trial days which means there will be too many cases each day for the judges to deal with. Inevitably some will be postponed.

The new rules also prevent experts giving evidence at the trial - the judges will just read their reports and decide which they prefer. Is that fair? If you were claiming compensation for personal injuries would you be happy if your doctor couldn't give evidence at court?

Claims above £15,000 go in the "multi track" and will be closely controlled by the judges. A lawyer's ability to decide which witnesses and what evidence to use on his client's behalf may well be impeded. Is that justice? The court will appoint experts to deal with certain issues and their views will bind the parties. But which experts will they choose and what quality controls will be in place?

Add to this the abolition of Legal Aid in most civil claims and you can see the problems most people will have in getting a fair deal if they have to go to court.

These are just a few of the questions being asked by the legal profession. We all hope the new rules will be a success but Lord Irvine's claims about the benefits of the new era are premature at best.

SHEFALI TALUKDAR,

president,

Bury and District Law Society.

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