As of 26 April 1999, under the new Civil Procedure Rules, the court will find itself in the driving seat when it comes to case management – including protocols, allocation, case managing conferences and pre-trail reviews.
In Lord Woolf's own words: "Responsibility for the control of litigation must move from litigants and their advisers to the court."
Tactical use (or misuse) of procedural rules to advance a client's case has become a finely-tuned artform and Woolf's reaction has been radical – from CPR day, the judge will decide how a case will proceed. But there is no need for undue alarm. This has been the norm for years on the continent and in Scotland.
This new judicial case management is one of the principal themes of the CPR. The courts are given a vast latitude to do what they think is appropriate to "deal with a case justly" (see 'overriding objective', Legal Week, 11 February).
They can extend or shorten time limits, require parties and their legal advisers to attend court, stay and strike out proceedings, and, as a catch-all "make an order of [their] own initiative".
Once judges seize the opportunity to direct disputes assigned to them at an early stage in the litigation, litigators will find cases progressing at a pace that may feel uncomfortable, at least initially.
To assist the court in keeping a case moving, the following procedures have been introduced:

Pre-action protocols
Pre-action protocols (PAPs) facilitate effective communication between parties before proceedings are issued, to create an environment which encourages early settlement.
They contain rules on letters before action, early disclosure, selection of experts and settlement.

Track allocation
The allocation of a dispute to a 'track' (eg fast-track), depending on the amount at stake, will take place after service of the statement of case for the defence. It will require both parties to answer questions about the case – including details of witnesses of fact, experts the parties intend to call and an estimate of overall legal costs.
By the system of track allocation, the court will police the principles of proportionality (cost against amount at stake) and efficiency in the conduct of a case.

Case management
conferences (CMCs)
Once a case has been given a track, the court will fix a schedule which, in a multi-track case, will usually provide for a CMC at an early stage.
We expect large commercial cases will require at least one CMC to set a realistic timetable for the rest of the litigation. Inside the Royal Courts of Justice, the CMC will be dealt with by the Masters, and outside by the procedural judges.
During the CMC, the court will review the progress to date, give directions and a timetable or future conduct and ensure that the issues are identified (and agreed) and necessary evidence is gathered.
A legal representative who is familiar with the case and who has authority to deal with issues which may arise must attend the CMC (originally, Lord Woolf had wanted the client to be present as well: this has since been abandoned). Beware the lawyer who sends a trainee without a full briefing. If the CMC has to be adjourned because the representative present does not have authority to agree to a direction, a wasted costs order may well follow.

Pre-trial review (PTR)
As now, a PTR will take place about two months before the trial. The judge will check that the case is on course for trial and that all directions have been complied with.
The legal representative responsible for the matter should attend the PTR. The advocate instructed to appear at the trial may also be required to attend the PTR.

Conclusion
These procedures require judges to regularly monitor progress of cases. This should ensure that litigators are equal to the task of providing a rapid, cost-effective dispute resolution service. The challenge ahead for the profession is to embrace the spirit of the reforms and transform the litigation process into a means to an end – not an end in itself.
Mark Humphries is a partner and solicitor-advocate at Linklaters. Lucy Dillon is head of the litigation information unit and Eleni Pavlopoulos is a solicitor in the litigation department.