The Key Problems Facing Civil Justice Today Are Cost, Delay & Complexity: A Critical Review

Abstract

Our judicial structure owes to the colonial administration for its evolution & is still bearing the remnants of the system it inherited from its predecessor. Our judiciary is still following the adversarial trial system. Though the British legal system has developed to a standard for others we are still on the same footing where they left us. We could not overcome the obstacles associated with the civil justice system. The main problems facing our judiciary are the cost, delay & complexity. Several steps have been taken to solve the problems but deserved success cannot be achieved. The main problem lies probably in the identification of the real problems & providing pragmatic solutions. In this research I have tried to identify the real problems by interviewing different legal persons & litigants, by analyzing the opinions of different scholars & taking into account the attitude of the society towards the civil litigation social aspects & applying my own reason & experience. I have evaluated the reforms made in some foreign legal systems to compare with our system specially the Woolf’s reform in England. Lastly, I have provided some reform & amendment proposals based on the findings.