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LEGAL AND JUDICIAL REFORMS PROJECT



* General information

* Project implementation and Steering Committee

* Project components

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General information

Located at : North Wing F2,  “Sayuru Sevana”, , 46/12, Nawam Mawatha, Colombo 02.

Tel: 478452 – 3; Fax: 478451; E. mail: ljrp@eureka.lk; Project Director : Mr. H.P. Wijewardena

In  October 1999  the Ministry of Justice  developed   with  the  International   Development  Association  (IDA), a Legal and Judicial Reforms  Project  with special emphasis on the establishment of a modern legislative and regulatory framework conducive to private sector led growth.  The Development Credit Agreement to implement the Project which will be take place over a period of five years, was signed with the World Bank on 22nd June 2000.  Under this Agreement the World Bank has pledged a loan of US$18.2million.  The contribution of the government of Sri Lanka is US$3.2 million.    
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Project implementation:

The project is implemented by a Project Implementation and Co-ordination Unit (PICU) under the guidance of  a Steering Committee chaired by Hon. S.N. Silva, Chief Justice.  

The members of the Steering Committee are the following –Hon. Sarath Silva, Chief Justice
             Hon. K.C. Kamalasabayson, P.C. Attorney General
             Mr. Charitha Ratwatte, Secretary, Ministry of Finance
             Mrs. Dhara Wijayatilake, Secretary , Ministry of Justice, Law Reform & National 
                 Integration
             Mr. Harsha Wickremasinghe, Secretary , Ministry of  Commerce and Consumer Affairs
             Mr. P.W.D.C.L Jayatilleke, Secretary, Judicial Service Commission.
             Mrs. Therese Perera, Legal Draftsman

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Project components:

The main components of the Project are :

* LEGAL REFORM
             Commercial Law Reform
             Professional Development
             Access to Law

* AUTOMATION OF THE COMPANY REGISTRAR’S OFFICE

* JUDICIAL REFORM
           Judicial training
           Judicial Service Commission (administrative reforms)
           Model courts

* COMMERCIAL MEDIATION

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LEGAL REFORM

Commercial Law Reform,

Reforms to the following laws have been proposed by special Committees that were appointed to study areas relating to commercial issues, i.e. Partnership Law, Misrepresentation, Sale of Goods, Frustrated Contracts and Product Liability.

The proposals have been approved by the Law Commission and steps are being taken to prepare the necessary legislation and to present same in Parliament. 

The following two Committees are also being appointed –

a)  To examine and recommend reform to reduce delays in commercial litigation.

b) To examine the adequacy of the available provision relating to exit of failed companies and to recommend reform if necessary.
                               
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Professional Development

Professional development activities are continuing with local and  overseas training for lawyers of both the official and unofficial bar and  law teachers.  Other significant  steps towards professional development have been curricula development  in the law schools,  library  development in the law schools, the Attorney-General’s Department and the Bar Associations and the provision of computers to law schools. 

Access to Law

Access to law is conducted through the Project website – LAWNET – presently containing legislative enactments and law reports and being  developed to provide other information including  commercial law publications.
                                                   
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AUTOMATION OF THE  COMPANY REGISTRAR’S OFFICE

This activity seeks to streamline its operations, reduce delays and upgrade its services. Tasks such as the registering of a new company will be simplified.  Through the setting up of a web page clients throughout the world will be able to electronically access the services of the Company Registrar’s Office.
 
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JUDICIAL REFORM

Judicial training

Among the activities of this component are  the development of  training programmes for judicial officers with special focus on commercial law, court staff training and the  establishment of a Law and Justice Centre  to provide for  training facilities. 

Judicial Service Commission  (administrative reforms)


Model courts
 
The improvement of court infrastructure  is being carried out  in 25 courts identified as model courts.   As a part of this venture, it is proposed to introduce management systems for case tracking.  Also, two new  court complexes will be constructed in Jaffna and Trincomalee

COMMERCIAL MEDIATION

The objective of this activity is to divert commercial disputes for settlement outside the court process which is both costly and dilatory, thereby in some instances having  a negative impact on the economic development of the country.  Under this component several activities have already been completed.  A Commercial Mediation Centre has been established . The Centre has set up its mediation panels and formulated its procedural rules.  Mediator training programmes are continuing.  The main concern, however is the low rate of referral of commercial disputes for settlement by mediation.  The Commercial Mediation Centre is presently engaged in an intensive publicity campaign to attract more referrals to the Centre for resolution by mediation.

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