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Author:
Publisher: Oxford University Press
ISBN: 0192664875
Category : Law
Languages : en
Pages : 609
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Book Description
Civil procedure law is integral to our understanding of access routes to justice, dispute resolution, and ultimately the rule of law. However, the field is rapidly changing, shifting dispute resolution away from courts and judgments, towards other legal pathways such as negotiation, mediation, arbitration and Ombudsman. Similarly, the increasing digitisation of society and looming potential of AI will profoundly influence future reforms. Civil justice is thus at a critical turning point. In response, John Sorabji proposes a new model civil procedure code for England and Wales. Building on the work of the ALI/UNIDROIT Principles of Transnational Civil Procedure and the ELI-UNIDROIT Model European Rules of Civil Procedure, he articulates a simplified, principle-based, seventeen-part approach that covers all major stages from issue to enforcement, with sections on costs and funding, provisional measures, access to evidence and privileges, case statements, hearings, and dispute management. Highlighting that civil courts are just one part of a wider civil justice ecosystem, Sorabji promotes the wealth of avenues available for dispute resolution and charts how these should be co-ordinated in the future. He outlines new ways to efficiently incorporate breakthroughs in digitisation and preventive and consensual forms of justice, and also explores likely shifts in the purpose of procedural codes as digitisation evolves, while underscoring the consistent need for judicial independence and accountability. Ultimately, Sorabji posits that procedural codes should guide not only the process of litigation, but those who design digital procedures and test their propriety in the future.
Author:
Publisher: Oxford University Press
ISBN: 0192664875
Category : Law
Languages : en
Pages : 609
Get Book Here
Book Description
Civil procedure law is integral to our understanding of access routes to justice, dispute resolution, and ultimately the rule of law. However, the field is rapidly changing, shifting dispute resolution away from courts and judgments, towards other legal pathways such as negotiation, mediation, arbitration and Ombudsman. Similarly, the increasing digitisation of society and looming potential of AI will profoundly influence future reforms. Civil justice is thus at a critical turning point. In response, John Sorabji proposes a new model civil procedure code for England and Wales. Building on the work of the ALI/UNIDROIT Principles of Transnational Civil Procedure and the ELI-UNIDROIT Model European Rules of Civil Procedure, he articulates a simplified, principle-based, seventeen-part approach that covers all major stages from issue to enforcement, with sections on costs and funding, provisional measures, access to evidence and privileges, case statements, hearings, and dispute management. Highlighting that civil courts are just one part of a wider civil justice ecosystem, Sorabji promotes the wealth of avenues available for dispute resolution and charts how these should be co-ordinated in the future. He outlines new ways to efficiently incorporate breakthroughs in digitisation and preventive and consensual forms of justice, and also explores likely shifts in the purpose of procedural codes as digitisation evolves, while underscoring the consistent need for judicial independence and accountability. Ultimately, Sorabji posits that procedural codes should guide not only the process of litigation, but those who design digital procedures and test their propriety in the future.
Author: Astrid Stadler
Publisher: Edward Elgar Publishing
ISBN: 1800887841
Category : Law
Languages : en
Pages : 785
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Book Description
European Rules of Civil Procedure sets out a clear examination of the rules adopted by UNDROIT and the European Law Institute in 2020. Presented within a systematic structure to aid enhanced academic understanding, it precisely showcases the substantial comparative knowledge of its authors.
Author: Neil Andrews
Publisher: Mohr Siebeck
ISBN: 9783161495328
Category : Law
Languages : en
Pages : 336
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Book Description
Examines court proceedings, as well as settlement, mediation and arbitraton.
Author: Astrid Stadler
Publisher: Edward Elgar Publishing
ISBN: 1789906059
Category : Law
Languages : en
Pages : 399
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Book Description
Written by leading authorities in the field of European civil procedure and collective redress, this timely book explores the model collective proceedings rules in the ELI/UNDROIT European Rules of Civil Procedure. It explains the intended application of this ‘best practice’ set of collective redress rules, intended to promote greater consistency in civil and commercial court procedure across Europe, linking to existing European practice and initiatives in the field.
Author: Andrew Higgins
Publisher: Oxford University Press
ISBN: 0192608290
Category : Law
Languages : en
Pages : 416
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Book Description
Civil Procedure Rules at 20 is a collection of presentations and papers to mark the 20th anniversary of the CPR coming into force, many of which were delivered orally at the CPR at 20 Conference at the Bonavero Institute of Human Rights, at Mansfield College, Oxford, in 2019. The presentations and papers have been edited and extended to provide a permanent record available to a wider audience. The book is dedicated to examining key challenges and changes facing the civil justice system, marking the 20th anniversary of the current civil procedures governing civil litigation in England and Wales. It addresses a range of technical, political, and controversial subjects on access to justice and the rules governing civil litigation, including the digitization of the justice system and the future role of artificial intelligence; the emergence of class actions; disclosure rules and reform; restrictions on Judicial Review challenges to Government decisions; closed material proceedings; and efforts to make the costs of civil litigation more affordable and proportional, including the availability of legal aid. With a Foreword by Lord Briggs, the contributions come from those best qualified to tell this story, from senior judges, practitioners, and leading academic scholars each with their own unique perspective.
Author:
Publisher: Martinus Nijhoff Publishers
ISBN: 9004204881
Category : Law
Languages : en
Pages : 576
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Book Description
Currently, China is drafting its new Civil Code. Against this background, the Chinese legal community has shown a growing interest in various legal and legislative ideas from around the world. Within this context, the present book aims at providing the necessary historical and comparative legal perspectives. It concentrates on substantive private law and civil procedure, both in China and in other jurisdictions. These perspectives are of considerable importance for the present codification work. Additionally, the book is dedicated to commemorating the centennial of the first Western-influenced and civil law-oriented Civil Code of China, the Da Qing Min Lü Cao An of 1911. The following topics are addressed: property law, contract law, tort law and civil procedure. The book also contains contributions on codification experiences in Europe and on the concept of codification in general. The topics are discussed by leading Chinese and international scholars. Most of the Chinese contributors have taken part in preparing the Chinese Draft Civil Code. The book is the outcome of a conference organized by the Centre for Chinese and Comparative Law (RCCL), School of Law, City University of Hong Kong, in October 2010.
Author: European Law Institute
Publisher: Oxford University Press
ISBN: 0198866585
Category : Law
Languages : en
Pages : 369
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Book Description
This volume was developed as part of a cooperative project of the European Law Institute (ELI) and the International Institute for the Unification of Private Law (Unidroit), dealing with civil procedure law. The long-term project began in February 2014, as a joint endeavour to adapt the American Law Institute/Unidroit Principles of Transnational Civil Procedure to the European legal environment, and ended in 2020 with the approval of the ELI-Unidroit Model European Rules of Civil Procedure. Featured in this volume, the Rules are accompanied by comments. They take into account the diverse traditions in Europe concerning civil procedure law and aim to find a common thread in them. Therefore, they not only consider the similarities but also the differences in order to gain a solution that does not favour one legal system but combines aspects of them all, fostering effectiveness and fairness in civil procedure.
Author: Abubakri Yekini
Publisher: Bloomsbury Publishing
ISBN: 1509947086
Category : Law
Languages : en
Pages : 291
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Book Description
This book undertakes a systematic analysis of the 2019 Hague Judgments Convention, the 2005 Hague Choice of Court Convention 2005, and the 2017 Commonwealth Model Law on recognition and Enforcement of Foreign Judgments from a pragmatic perspective. The book builds on the concept of pragmatism in private international law within the context of recognition and enforcement of judgments. It demonstrates the practical application of legal pragmatism by setting up a toolbox (pragmatic goals and methods) that will assist courts and policymakers in developing an effective and efficient judgments' enforcement scheme at national, bilateral and multilateral levels. Practitioners, national courts, policymakers, academics, students and litigants will benefit from the book's comparative approach using case law from the United Kingdom and other leading Commonwealth States, the United States, and the Court of Justice of the European Union. The book also provides interesting findings from the empirical research on the refusal of recognition and enforcement in the UK and the Commonwealth statutory registration schemes respectively.
Author:
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 976
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Book Description
Author:
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 980
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Book Description
