In this book Neil Andrews does non-English lawyers a great service: he
gives us an authoritative, digestible and—and at the same time—critical
guide to the new civil justice in England and Wales. For a dozen years we
have watched—sometimes puzzled—as the queen of common law systems
has transformed itself in ways that we have not seen heretofore and to an
extent that England has not experienced for a long time. Led by the ‘Woolf
reforms’ of 1999, the metamorphosis has included, in addition to substantial
changes in civil procedure, the introduction of the Human Rights Act of
1998 (entered into force 2000), the establishment of a Ministry of Justice
(2007) and the abolition of the House of Lords (Judicial) and creation of
the Supreme Court of the United Kingdom (began business 2009).
Neil Andrews is one of England’s best known proceduralists and author
of one of its best known treatises on civil procedure. He, as well as anyone
could, guides readers through the thickets and hedges of England’s
reforms to the essential elements of the reforms. He helps readers learn
conveniently what is new and what is old: what is system-shaking and is
therefore especially worthy of foreign attention.
Such a guide is particularly needed by American lawyers and law reformers:
Americans are accustomed to looking to England for ideas for the
American system. Even before the Woolf reforms came into effect, some
American observers ascribed a ‘Continental Character’ to English law distinct
from America’s common law. We all wonder what the effects of the
predominantly civil law European Union will be on its premier common
law system.