English Civil Justice after the Woolf and Jackson Reforms

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Publisher : Cambridge University Press
ISBN 13 : 1107051665
Total Pages : 283 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis English Civil Justice after the Woolf and Jackson Reforms by : John Sorabji

Download or read book English Civil Justice after the Woolf and Jackson Reforms written by John Sorabji and published by Cambridge University Press. This book was released on 2014-06-26 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Review of Civil Litigation Costs

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Author :
Publisher : The Stationery Office
ISBN 13 : 9780117064034
Total Pages : 388 pages
Book Rating : 4.0/5 (64 download)

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Book Synopsis Review of Civil Litigation Costs by : Great Britain. Ministry of Justice

Download or read book Review of Civil Litigation Costs written by Great Britain. Ministry of Justice and published by The Stationery Office. This book was released on 2010 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Judging Civil Justice

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Publisher : Cambridge University Press
ISBN 13 : 0521118948
Total Pages : 229 pages
Book Rating : 4.5/5 (211 download)

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Book Synopsis Judging Civil Justice by : Hazel G. Genn

Download or read book Judging Civil Justice written by Hazel G. Genn and published by Cambridge University Press. This book was released on 2010 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: A trenchant critique of developments in civil justice that questions modern orthodoxy and points to a downgrading of civil justice.

More Civil Justice?

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Publisher :
ISBN 13 : 9781853288364
Total Pages : 420 pages
Book Rating : 4.2/5 (883 download)

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Book Synopsis More Civil Justice? by : Tamara Goriely

Download or read book More Civil Justice? written by Tamara Goriely and published by . This book was released on 2002 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: In April 1999, wide-ranging reforms were introduced into the civil courts of England and Wales. New Civil Procedure Rules (CPR) were designed to cure the ills identified by Lord Woolf in his review of the civil justice system - particularly the problems of cost, delay and complexity brought about by a culture of excessive adversarialsim. At the same time, interest groups were encouraged to negotiate amond themselves to produce 'pre-action protocols' on how lawyers should exchange information before starting formal litigation through the courts. This study, conducted two years after the reforms were introduced, focuses on the way that representatives behave before they litigate. It does so in three specific areas of work: personal injury, clinical negligence, and housing disrepair.

Reform of Civil Procedure

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Publisher :
ISBN 13 :
Total Pages : 484 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Reform of Civil Procedure by : A. A. S. Zuckerman

Download or read book Reform of Civil Procedure written by A. A. S. Zuckerman and published by . This book was released on 1995 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: 5. Making Tracks: Nick Armstrong

The Civil Procedure Rules at 20

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Publisher : Oxford University Press, USA
ISBN 13 : 0198863187
Total Pages : 353 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis The Civil Procedure Rules at 20 by : Andrew Higgins

Download or read book The Civil Procedure Rules at 20 written by Andrew Higgins and published by Oxford University Press, USA. This book was released on 2020 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Civil Procedure Rules at 20 considers the successes and failures of the CPR, and current challenges faced by those designing, administering, and using the civil justice system.

The Civil Justice Reforms One Year on

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Publisher :
ISBN 13 : 9780406914125
Total Pages : 242 pages
Book Rating : 4.9/5 (141 download)

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Book Synopsis The Civil Justice Reforms One Year on by : Michelle Bramley

Download or read book The Civil Justice Reforms One Year on written by Michelle Bramley and published by . This book was released on 2000 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work offers guidance on the application of the Woolf reforms in the 12 months since their implementation. It updates practitioners on key cases that have been decided under the Civil Procedure rules and the implications of these decisions on litigation practice.

On Civil Procedure

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Publisher : Cambridge University Press
ISBN 13 : 0521584191
Total Pages : 444 pages
Book Rating : 4.5/5 (215 download)

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Book Synopsis On Civil Procedure by : J. A. Jolowicz

Download or read book On Civil Procedure written by J. A. Jolowicz and published by Cambridge University Press. This book was released on 2000-02-17 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Principles, Procedure, and Justice

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Publisher : Oxford University Press, USA
ISBN 13 : 0198850417
Total Pages : 305 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Principles, Procedure, and Justice by : Rabeea Assy

Download or read book Principles, Procedure, and Justice written by Rabeea Assy and published by Oxford University Press, USA. This book was released on 2020-05-14 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection is in honour of Adrian Zuckerman, Emeritus Professor of Civil Procedure at the University of Oxford. Bringing together a distinguished group of judges and academics to reflect on the impact of his work on our understanding of civil procedure and evidence today. An internationally renowned scholar, Professor Zuckerman has dedicated his professional life to the law of evidence and civil procedure, drawing attention to the principles and policies that shape litigation practice and their wider social impact. His pioneering scholarship is admired by the judiciary and the academy and has influenced several major reforms of the civil justice system including the Woolf Reforms that heralded the introduction of the Civil Procedure Rules, and Lord Justice Jackson's Review of Civil Litigation Costs. His work has also informed law reform bodies and courts in other jurisdictions. Building upon Professor Zuckerman's work, the contributors address outstanding problems in the field of civil procedure and evidence, and in keeping with Adrian's record of always exploring new areas, the book includes chapters on the prospects for a digital justice system, including the new online court being developed in England and the potential role of algorithms in the court room.

Dimensions of Evidence in European Civil Procedure

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041166653
Total Pages : 450 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Dimensions of Evidence in European Civil Procedure by : Vesna Rijavec

Download or read book Dimensions of Evidence in European Civil Procedure written by Vesna Rijavec and published by Kluwer Law International B.V.. This book was released on 2015-12-29 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Jackson ADR Handbook

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Publisher : Oxford University Press, USA
ISBN 13 : 9780198867326
Total Pages : 400 pages
Book Rating : 4.8/5 (673 download)

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Book Synopsis The Jackson ADR Handbook by : Susan Blake

Download or read book The Jackson ADR Handbook written by Susan Blake and published by Oxford University Press, USA. This book was released on 2021-08-19 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Justice and Efficiency in Mega-Litigation

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509910913
Total Pages : 240 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Justice and Efficiency in Mega-Litigation by : Anna Olijnyk

Download or read book Justice and Efficiency in Mega-Litigation written by Anna Olijnyk and published by Bloomsbury Publishing. This book was released on 2019-06-13 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Civil Procedure Rules at 20

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Publisher : Oxford University Press
ISBN 13 : 0192608282
Total Pages : 336 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis The Civil Procedure Rules at 20 by : Andrew Higgins

Download or read book The Civil Procedure Rules at 20 written by Andrew Higgins and published by Oxford University Press. This book was released on 2020-09-27 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Unlocking the English Legal System

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Publisher : Taylor & Francis
ISBN 13 : 1000603520
Total Pages : 733 pages
Book Rating : 4.0/5 (6 download)

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Book Synopsis Unlocking the English Legal System by : Tom Frost

Download or read book Unlocking the English Legal System written by Tom Frost and published by Taylor & Francis. This book was released on 2022-07-28 with total page 733 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

EU Civil Justice

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509901728
Total Pages : 354 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis EU Civil Justice by : Burkhard Hess

Download or read book EU Civil Justice written by Burkhard Hess and published by Bloomsbury Publishing. This book was released on 2016-01-14 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: This seventh volume in the Swedish Studies in European Law series brings together some of the most prominent scholars working within the fast-evolving field of EU civil justice. Civil justice has an impact on matters involving, inter alia, family relationships, consumers, entrepreneurs, employees, small and medium-sized businesses and large multinational corporations. It therefore has great power and potential. Over the past 15 years a wealth of EU measures have been enacted in this field. Issues arising from the implementation thereof and practice in relation to these measures are now emerging. Hence, this volume will explore the benefits as well as the challenges of these measures. The particular themes covered include forum shopping, alternative dispute resolution, simplified procedures and debt collection, family matters and collective redress. In addition, the deepening of the field that continues post-Lisbon has occasioned a new level of regulatory and policy challenges. These are discussed in the final part of the volume which focuses on mutual recognition also in the broader European law context of integration in the area of freedom, security and justice.

Reforming Civil Procedure

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509925929
Total Pages : 263 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Reforming Civil Procedure by : Dominic De Saulles

Download or read book Reforming Civil Procedure written by Dominic De Saulles and published by Bloomsbury Publishing. This book was released on 2019-05-16 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Thinking About Statutes

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Publisher : Cambridge University Press
ISBN 13 : 1108475019
Total Pages : 165 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Thinking About Statutes by : Andrew Burrows

Download or read book Thinking About Statutes written by Andrew Burrows and published by Cambridge University Press. This book was released on 2018-08-02 with total page 165 pages. Available in PDF, EPUB and Kindle. Book excerpt: A practical and lively discussion of the English Law on statutes.