Abstract

Abstract Compliance with case management orders has been a hidden problem undermining the effective operation of the Civil Procedure Rules. The focus of academic critique has, however, been on the adverse consequences to their effective operation of non-compliance with such orders. This chapter considers this unexamined problem of case management: the compliance problem. It first examines the nature of the compliance problem, placing it within the context of the wider and substantially explored problem of non-compliance; the latter having formed a major limb of Zuckerman’s critique of English civil procedure. It then explores how current and potential future reforms to the English civil justice system arising from HMCTS reform programme, the Civil Courts Structure review, digitization and the potential use of artificial intelligence (AI) could overcome this unexplored problem.

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