n Tydskrif vir die Suid-Afrikaanse Reg - Chapter one of England's Civil Procedure Rules : a template for reform in South Africa?

Volume 2004, Issue 4
  • ISSN : 0257-7747
  • E-ISSN: 1996-2207



This article seeks to set in context and examine chapter one of the Civil Procedure Rules and show that, by setting out, expressly, an "overriding objective" in chapter one, the Civil Procedure Rules commits itself to a particular vision of civil procedure. This vision may, at times, lack internal coherence but, at the very least, moves civil procedure in England from a formal concept based on the right of access to courts and party control, to a substantive three dimensional concept of procedural justice. By transferring more power to the courts, the individual concerns traditionally associated with the right of access to the courts give way to a more collective approach. This holds that, where there are finite resources and where, to be effective, justice must be seen to be swift, the right of one court user will, at times, need to yield to the rights of others.

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