Why is the law so complicated that even experts find it boring?
In short: Most people assume legal rules should be simple. Yet, the system governing civil litigation in England and Wales has become a labyrinth of extreme detail. In this exploration, Lord Justice Stephen Richards examines why our procedural codes have grown so complex and whether simplification is actually possible.
The current framework, known as the Civil Procedure Rules 1998 (CPR), officially came into effect in April 1999. While they retain their original name, they have been fundamentally transformed by numerous amendments over the last two decades. This evolution was sparked by Lord Woolf’s 1996 'Access to Justice' Report, which aimed to replace fragmented systems with a single, simpler procedural code for both the High Court and county courts. However, rather than achieving that goal of streamlined simplicity, the rules have expanded significantly. During the two and a half years in which Lord Justice Richards chaired the Civil Procedure Rule Committee, the rules actually grew longer in length.
The complexity of the CPR presents a significant barrier for 'litigants in person'—individuals who navigate the legal system without professional representation. For these individuals, the lack of familiarity with intricate legal processes can make justice difficult to access. This creates a tension between the need for a robust, detailed system that handles complex disputes and the public desire for a transparent, navigable process.
The sheer scale of the problem is such that even seasoned judges and practitioners often find the subject matter daunting, with some even characterizing it as the most boring job in the legal system. The central challenge lies in whether it is practicable to simplify these rules without compromising the integrity of the justice system. While there is an understandable assumption that the rules should be simpler, the reality of modern litigation requires a level of detail that often contradicts that ideal. The discussion moves beyond a simple 'yes' or 'no' to explore the functional necessity of complexity versus the democratic necessity of accessibility. It asks whether we can ever truly strip away the nuance required for justice without leaving the system vulnerable to error.
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Sources
- Summary by Intellect · source: Civil Litigation: Should the rules be simpler? - Rt Hon Lord Justice Stephen Richards
- Also: Civil Litigation: Should the rules be simpler?
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