English Civil Justice after the Woolf and Jackson Reforms PDF Download
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Author: John Sorabji
Publisher: Cambridge University Press
ISBN: 1107051665
Category : Law
Languages : en
Pages : 283
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Book Description
John Sorabji examines the theoretical underpinnings of the Woolf and Jackson reforms to the English and Welsh civil justice system. He discusses how the Woolf reforms attempted, and failed, to effect a revolutionary change to the theory of justice that informed how the system operated. It elucidates the nature of those reforms, which through introducing proportionality via an explicit overriding objective into the Civil Procedure Rules, downgraded the court's historic commitment to achieving substantive justice or justice on the merits. In doing so, Woolf's new theory is compared with one developed by Bentham, while also exploring why a similarly fundamental reform carried out in the 1870s succeeded where Woolf's failed. It finally proposes an approach that could be taken by the courts following implementation of the Jackson reforms to ensure that they succeed in their aim of reducing litigation cost through properly implementing Woolf's new theory of justice.
Author: John Sorabji
Publisher: Cambridge University Press
ISBN: 1107051665
Category : Law
Languages : en
Pages : 283
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Book Description
John Sorabji examines the theoretical underpinnings of the Woolf and Jackson reforms to the English and Welsh civil justice system. He discusses how the Woolf reforms attempted, and failed, to effect a revolutionary change to the theory of justice that informed how the system operated. It elucidates the nature of those reforms, which through introducing proportionality via an explicit overriding objective into the Civil Procedure Rules, downgraded the court's historic commitment to achieving substantive justice or justice on the merits. In doing so, Woolf's new theory is compared with one developed by Bentham, while also exploring why a similarly fundamental reform carried out in the 1870s succeeded where Woolf's failed. It finally proposes an approach that could be taken by the courts following implementation of the Jackson reforms to ensure that they succeed in their aim of reducing litigation cost through properly implementing Woolf's new theory of justice.
Author: Great Britain. Ministry of Justice
Publisher: The Stationery Office
ISBN: 9780117064034
Category : Law
Languages : en
Pages : 388
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Book Description
In January 2009, the then Master of the Rolls, Sir Anthony Clarke, appointed Lord Justice Jackson to lead a fundamental review of the rules and principles governing the costs of civil litigation. This report intends to establish how the costs rules operate and how they impact on the behavior of both parties and lawyers.
Author: Hazel G. Genn
Publisher: Cambridge University Press
ISBN: 0521118948
Category : Law
Languages : en
Pages : 229
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Book Description
A trenchant critique of developments in civil justice that questions modern orthodoxy and points to a downgrading of civil justice.
Author: J. A. Jolowicz
Publisher: Cambridge University Press
ISBN: 0521584191
Category : Law
Languages : en
Pages : 444
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Book Description
Professor Jolowicz's comparative analysis of civil procedure concentrates on the purposes served by the institution of litigation rather than on the intentions of those who litigate. Stressing that those purposes go beyond mere dispute resolution by non-violent means, Jolowicz surveys a variety of topics of procedural law, making substantial use of the comparative method, in the attempt to examine and explain the ideas which underlie some of the most important of its constituent elements. In the final section, he deals with the reform of English law and ventures a prediction of the consequences that the new Civil Procedure Rules, together with the reforms which more or less immediately preceded them, will have on the character of English procedural law.
Author: Vesna Rijavec
Publisher: Kluwer Law International B.V.
ISBN: 9041166653
Category : Law
Languages : en
Pages : 388
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Book Description
Greater efficiency in civil dispute resolution is very much dependent on organized but fair fact-finding. Under European law, however, no clear-cut categorisation of means of evidence exists as yet, and significantly diverging interpretations persist of what is considered 'evidence' in the sense of the foundational Council Regulation (EC) No. 1206/2001 (EER). The EER fails to provide comprehensive rules for many other aspects of evidence taking, pointing instead to national legislation for solutions. As long as evidentiary rules remain different from country to country, there is an inherent risk of conflict of laws between different systems in the course of cooperation between courts in cross-border matters, leading to mistrust amongst judiciary and other participants in the proceedings. Focusing on national rules, and using a comparative method which takes into consideration legal experiences from all legal circles in the EU, this book explains and analyses how the law of evidence works in Europe today. The authors draw on the vast base of relevant information collected in twenty-seven Member States by national reporters. Following the classical enumeration of types of evidence – production of documents, examination of witnesses, expert evidence, inspection by the judge, and examination of the parties – chapters encompass such issues and topics as the following. - judicial cooperation in cross-border cases; – general principles in evidence taking (the right to be heard, oral vs. written form, directness of evidence, burden of proof); – judges' case management powers regarding evidence; – means of evidence; – extent of influence of traditional principles and evidentiary rules on electronic evidence; – application of communication technology in cross-border proceedings; – legal costs; – language; – inadmissible evidence; and – instances in which a court can refuse a request for evidence. The authors offer well-grounded recommendations on requested judge's entitlements, direct and convenient communication, cost issues, revised provisions concerning language obstacles, unification of presumptions, and much more. Armed with the wide-ranging knowledge presented here, practitioners handling civil cases anywhere in Europe will derive great practical benefit from this book. As a masterful synthesis of how evidence is used in national courts in EU Member States, and of how that use is changing, the book will be greatly valued as a unique resource by legal scholars and academics. With featured recommendations it can contribute to the development of mutual trust among the national courts inside the EU as well as trust among policymakers and national courts.
Author: Anna Olijnyk
Publisher: Bloomsbury Publishing
ISBN: 1509910913
Category : Law
Languages : en
Pages : 239
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Book Description
Justice and Efficiency in Mega-Litigation explores the phenomenon of extremely long-running, resource-intensive civil litigation known as 'mega-litigation'. Such litigation challenges the courts to reconcile the objectives of justice and efficiency – for the parties to the case and for the community. Drawing on interviews with judges of the courts of England and Wales, and of Australia, this book shows how judges have responded to these challenges. It situates mega-litigation within broader developments in civil procedure and case management, as well as theoretical debates about the role of courts and the purpose of civil procedure. The book highlights the importance of intensive, creative and flexible case management; focus on the issues in dispute; and, ultimately, each judge's expert intuition.
Author: Tom Frost
Publisher: Taylor & Francis
ISBN: 1000603520
Category : Law
Languages : en
Pages : 733
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Book Description
Unlocking the English Legal System will help you grasp the main concepts of the legal system in England and Wales with ease. Containing accessible explanations in clear and precise terms that are easy to understand, it provides an excellent foundation for learning and revising. This new edition offers a brand-new chapter on ‘Ethics and Law’ which details the duties and responsibilities of lawyers and introduces law students to the kinds of ethical dilemmas that they may encounter when they are lawyers. The up-to-date ongoing debates surrounding UK law are discussed, such as the impact Brexit and the coronavirus pandemic have, and continue to have, upon the English Legal System. Further detail on the devolution settlements in Northern Ireland, Scotland, and Wales is provided as well as looking at the question of Scottish independence. Learn how to read cases and statutes, about career skills and interview preparation, and find out further information on how the new Solicitors Qualifying Examination (SQE) will operate and the reaction it’s received from law schools. There is also focus on the impact of racism in the criminal justice system, the new Sentencing Code introduced in 2020, and how technology is changing the way the English Legal System operates. The books in the Unlocking the Law series get straight to the point and offer clear and concise coverage of the law, broken down into bite-size sections with regular recaps to boost your confidence. They provide complete coverage of both core and popular optional law modules, presented in an innovative and visual format.
Author: Susan Blake
Publisher: Oxford University Press, USA
ISBN: 9780198867326
Category :
Languages : en
Pages : 400
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Book Description
Provides an in-depth overview of ADR before covering in detail the principles, processes, and enforcement options involved. This fully revised third edition integrates a range of important new case law and specifically locates ADR within an increasingly digital landscape.
Author: Dominic De Saulles
Publisher: Bloomsbury Publishing
ISBN: 1509925929
Category : Law
Languages : en
Pages : 275
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Book Description
Drawing on political, social and economic theory, Reforming Civil Procedure focuses on the English civil justice system by looking at its history and its processes. The book considers the objectives of civil procedure and how it operates for and against particular societal groups, and what ideas and behaviours impact upon it. The reform of civil procedure has been beset with difficulties. Some are caused by questions of culture and mind-sets resistant to the changes, some by a confusion and conflict of values, some by overambitious reform efforts, some by a failure to follow through on purpose clauses, and some by swinging from laxity to rigidity with insufficient analysis. This book makes a strong contribution to the field by synthesising the work of English writers with different views, extending the work in England on the role of philosophy, values, process and culture in litigation, and engaging extensively with American writers who have not previously been the subject of much attention in English civil procedural studies.
Author: Christopher Hodges
Publisher: Bloomsbury Publishing
ISBN: 1509916903
Category : Law
Languages : en
Pages : 643
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Book Description
This book reviews the techniques, mechanisms and architectures of the way disputes are processed in England and Wales. Adopting a comparative approach, it evaluates the current state of the main different types of dispute resolution systems, including business, consumer, personal injury, family, property, employment and claims against the state. It provides a holistic overview of the whole system and suggests both systemic and detailed reforms. Examining dispute resolution pathways from users' perspectives, the book highlights options such as ombudsmen, regulators, tribunals and courts as well as mediation and other ADR and ODR approaches. It maps numerous sectoral developments to see if learning might be spread to other sectors. Several recurrent themes arise, including the diversification in the use of techniques; adoption of digital, online and artificial technology; cost and funding constraints; the emergence of new intermediaries; the need to focus accessibility arrangements for people and businesses that need help with their problems; and identifying effective ways for achieving behavioural change. This timely study analyses the shift from adversarial legalism to softer means of resolving social problems, and points to a major opportunity to devise an imaginative and holistic strategic vision for the jurisdiction. This title is included in Bloomsbury Professional's International Arbitration online service.
