REFORMING THE ENGLISH LEGAL SYSTEM

The English Legal System also known as the Common Law system is a well-known system
across the world. It has various features such as an unwritten constitution, the judges made
law, extensive freedom of contract, and generally, everything is permitted which is not
prohibited by law expressly. The basic fundamental of the system is that the laws are made
by the Judges and are binding all over. There is a task of codifying the mix of statues and the
judge-made law. Although the court system is well established and is working properly. But
nowadays the parties are not interested in going to the courts due to long procedure, delay in
justice and revealing of name and impact of their profile in society.
So due to these problems, the new method came that is Alternative Dispute Resolution.
Alternative Dispute Resolution (ADR) is the procedure for settling disputes without
litigation, such as arbitration, mediation, or negotiation. ADR procedures are usually less
costly and more expeditious. They are increasingly being utilized in disputes that would
otherwise result in litigation, including high-profile labour disputes, divorce actions, and
personal injury claims. In 2018, Magistrates’ courts in England and Wales received 1.5
million cases and Crown Courts received 103,000 cases. In 2018, County Courts received 2.1
million claims, Family Courts received 263,000, and tribunals received 449,000 cases. The
proportion of parties to a hearing or trial who are unrepresented has risen in recent years in all
types of court, which is likely to be a result of reforms to legal aid.
With the advent of the rise in cases, it is quite difficult for courts to pronounce judgments
timely. It even causes a burden on the Judiciary to decide the case. In such a situation, most
of the case profile must go through the ADR system. This will cause less burden on the court
system and it will enhance the efficiency of the justice system. The parties must decide the
case out of courts, it will be a less expensive and fast track. Cases of civil nature and some
criminal nature which is less offensive must be tried by the ADR system. If the ADR system
fails in giving justice, then the case must be taken up to the court. ADR also allows the
parties to come up with more creative solutions that a court may not be legally allowed to
impose. Such as family matters, civil suits, or money claims or tort actions must be redressed
by ADR.
In effect of this, the law made by the Judges will also be effective and efficient. Only the
most important cases will be trialed by the courts.
So, according to me, this phase of the common law system and even all other systems should
change.