A Model Civil Procedure Code For England And Wales

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A Model Civil Procedure Code for England and Wales

Author :
Publisher : Oxford University Press
ISBN 13 : 0192664875
Total Pages : 609 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis A Model Civil Procedure Code for England and Wales by :

Download or read book A Model Civil Procedure Code for England and Wales written by and published by Oxford University Press. This book was released on 2024-11-05 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Models and Techniques Used in Family Mediation in England and Wales

Author : Dr Amel Ketani
Publisher : Transnational Press London
ISBN 13 : 1801351147
Total Pages : 99 pages
Book Rating : 4.8/5 (13 download)

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Book Synopsis The Models and Techniques Used in Family Mediation in England and Wales by : Dr Amel Ketani

Download or read book The Models and Techniques Used in Family Mediation in England and Wales written by Dr Amel Ketani and published by Transnational Press London. This book was released on 2022-03-03 with total page 99 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past forty years, the approach to legal disputes in England and Wales has experienced some important changes. In many instances, mediation, with its objective of resolving disputes, is favoured over the traditional and adversarial procedure of litigation. Intriguingly, the perspectives of mediators on the practice of family mediation are relatively unexplored territory. This book with its focus on family mediation seeks to reduce this gap by supplementing the existing literature. It will put forward the family mediators’ opinions and my recommendations on how family mediation can be improved from the perspective of models. It aims to contribute, through the practitioners’ lens, to some of the important theoretical issues, discussions and difficulties surrounding family mediation. In addition, the aim of this book is to set out the understanding of family mediators and draw on this to explore important themes such as mediation models, their principles and the nature of the task. The analysis of these themes will reveal many things, from the difficulties and demanding tasks in family mediation, to the satisfaction and reward that can be felt by family mediators who achieve the parties’ objective of amicably resolving a family dispute. “This book brings clarity and offers new contributions to the field of family mediation and dispute resolution- a must read for practitioners, academics and professionals working in the field.” Dr Sara Hourani, Senior Law Lecturer at Middlesex University “This is a very practical guide by a specialist who clearly understands the important role that different mediation techniques play in legal practice today. This guide combines both an academic analysis with some practical tools that are especially useful to practitioners in the field of Family Law. The guide considers the merits (and in some cases, drawbacks), of different mediation models, and offers a helpful perspective on conditions that need to be met which would improve the efficacy of mediation. This is a highly recommended resource for academics, teachers and practitioners alike!’ Ms Marie Iskander, Solicitor, New South Wales, Australia CONTENTS: Chapter 1. Introduction Chapter 2. Methods and Methodology used in this Book Chapter 3. Historical Development and Legal Framework of Mediation and Family Mediation Chapter 4. Mediation Models and Techniques in a Family Context Chapter 5. Conclusion Bibliography

European Rules of Civil Procedure

Author : Astrid Stadler
Publisher : Edward Elgar Publishing
ISBN 13 : 1800887841
Total Pages : 785 pages
Book Rating : 4.8/5 (8 download)

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Book Synopsis European Rules of Civil Procedure by : Astrid Stadler

Download or read book European Rules of Civil Procedure written by Astrid Stadler and published by Edward Elgar Publishing. This book was released on 2023-11-03 with total page 785 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Modern Civil Process

Author : Neil Andrews
Publisher : Mohr Siebeck
ISBN 13 : 9783161495328
Total Pages : 336 pages
Book Rating : 4.4/5 (953 download)

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Book Synopsis The Modern Civil Process by : Neil Andrews

Download or read book The Modern Civil Process written by Neil Andrews and published by Mohr Siebeck. This book was released on 2008 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines court proceedings, as well as settlement, mediation and arbitraton.

Collective and Mass Litigation in Europe

Author : Astrid Stadler
Publisher : Edward Elgar Publishing
ISBN 13 : 1789906059
Total Pages : 400 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis Collective and Mass Litigation in Europe by : Astrid Stadler

Download or read book Collective and Mass Litigation in Europe written by Astrid Stadler and published by Edward Elgar Publishing. This book was released on 2020-11-27 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Finality in Litigation

Author : Jacob B. van de Velden
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041183434
Total Pages : 463 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Finality in Litigation by : Jacob B. van de Velden

Download or read book Finality in Litigation written by Jacob B. van de Velden and published by Kluwer Law International B.V.. This book was released on 2017-04-15 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ensuring finality in litigation (‘preclusion’) is a challenge. Res judicata and abuse of process are technical doctrines – traps for the unwary. The same doctrines can also be effective tools to avoid unnecessary or vexing duplicative proceedings or to determine how a case may affect the same or a related claim or issue in a subsequent case. This practitioner’s guide is a timely and comprehensive treatise on English law on the topic. It addresses the entire spectrum of preclusion issues arising in an English court: -the court functus officio – the finality of a judgment; -res judicata – merger of the cause of action, cause of action estoppel, and issue estoppel; -abuse of process – relitigation, Henderson v. Hendersonand collateral attack abuse; and -preclusion by foreign judgments. In a manner accessible to foreign lawyers, this book further offers a treatise of Dutch law that is of the same breadth and depth. It addresses all preclusion issues that may crop up in a Dutch court. Moreover, the cross-border context is considered – how domestic judgments fare abroad, how preclusion operates in the Brussels and Lugano regime, levels of preclusion set by European due process, and more. A contribution to conflicts theory, this book finally suggests improvements to the process of preclusion between jurisdictions, by clarifying the distinction between ‘recognition of’ foreign judgments and ‘preclusion by’ foreign judgments and by opening up a new field of choice of preclusion law. A first class work which will be of considerable interest to practitioners and scholars.’ –Lord Collins of Mapesbury former Justice of the UK Supreme Court and General Editor of Dicey and Morris on Conflict of Laws Jacob van de Velden practises international arbitration and litigation at De Brauw Blackstone Westbroek, a member of the Best Friends-network of law firms with Slaughter and May (UK), Bredin Prat (France), BonelliErede (Italy), Hengeler Mueller (Germany) and Uría Menéndez (Spain). He was a co-rapporteur for the International Law Association’s Committee on International Civil Litigation and a research fellow and director of the Private International Law programme at the British Institute of International and Comparative Law.

EU Mediation Law and Practice

Author : Giuseppe De Palo
Publisher : Oxford University Press
ISBN 13 : 0199660980
Total Pages : 653 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis EU Mediation Law and Practice by : Giuseppe De Palo

Download or read book EU Mediation Law and Practice written by Giuseppe De Palo and published by Oxford University Press. This book was released on 2012-10-04 with total page 653 pages. Available in PDF, EPUB and Kindle. Book excerpt: A practical reference providing detailed information and expert commentary on implementation of mediation law across 27 EU Member States, organized by country, with trends and differences analysed. Considers key Mediation Directive legislation following its entry into force and implementation.

English Private Law

Author : Andrew Burrows
Publisher : OUP Oxford
ISBN 13 : 0191637874
Total Pages : 1663 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis English Private Law by : Andrew Burrows

Download or read book English Private Law written by Andrew Burrows and published by OUP Oxford. This book was released on 2013-08-08 with total page 1663 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its third edition, this work has established itself as a key point of reference on English private law for lawyers in the UK and throughout the world. The book acts as an accessible first point of reference for practitioners approaching a private law issue for the first time, whilst simultaneously providing a lucid, concise and authoritative overview of all the key areas of private law. This includes contract, tort, unjust enrichment, land law, trusts, intellectual property, succession, family, companies, insolvency, private international law and civil procedure. Each section is written by an acknowledged expert, using their experience and understanding to provide a clear distillation and analysis of the subject. This new edition includes all the recent developments since the publication of the second edition in 2007. It covers some areas that were previously not addressed including arbitration in civil procedure, the Human Rights Act 1998 in tort law, and regulatory reform in the light of the global financial crisis. No other single text provides such comprehensive and lucid coverage of the whole of English private law as this one. It has come to be regarded as an essential item for every law library, reflecting its appeal to both English practitioners and those working in other jurisdictions. At the same time the book's depth of analysis, combined with its ease of reference, make it a favourite among academics and students worldwide.

A Guide to Consumer Insolvency Proceedings in Europe

Author : Thomas Kadner Graziano
Publisher : Edward Elgar Publishing
ISBN 13 : 1788975650
Total Pages : 1159 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis A Guide to Consumer Insolvency Proceedings in Europe by : Thomas Kadner Graziano

Download or read book A Guide to Consumer Insolvency Proceedings in Europe written by Thomas Kadner Graziano and published by Edward Elgar Publishing. This book was released on 2019 with total page 1159 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the adoption of the EU Regulation on Insolvency Proceedings in 2000 and its recast in 2015, it has become clear that lawyers engaged in consumer insolvency proceedings are increasingly expected to have a basic understanding of foreign insolvency proceedings, as well as knowledge of the foreign country's court and legal system, legislation and judicial practice. Written by 50 highly qualified insolvency experts from 30 European countries, A Guide to Consumer Insolvency Proceedings in Europe provides the necessary information in the largest, most up-to-date and comprehensive book on this topic. Assisting the readers in their navigation through the differences, similarities, and peculiarities of insolvency proceedings in all Member States of the European Union, Switzerland and Russia, this book is a unique guide to insolvency proceedings across Europe. With contributions by both academics and practitioners, it provides truly multinational coverage of the economic, legal, social, political, and demographic issues in consumer insolvency. Illustrating the numerous practices across Europe, this book allows the reader to evaluate each aspect both on its own merits, as well as in comparison to the approaches applied in other European jurisdictions. This book will be an invaluable tool for insolvency practitioners, judges, lawyers, creditors and debtors throughout Europe, especially those participating in cross-border proceedings.

Civil Procedure in EU Competition Cases Before the English and Dutch Courts

Author : George Cumming
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041131922
Total Pages : 426 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Civil Procedure in EU Competition Cases Before the English and Dutch Courts by : George Cumming

Download or read book Civil Procedure in EU Competition Cases Before the English and Dutch Courts written by George Cumming and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: For decades it seemed clear that EC competition law was enforceable effectively at the national level, and ECJ case law has continued to bear this out. In recent years, however, the Commission has been proposing harmonization of national rules of procedure in competition cases, implying that procedural autonomy is insufficient on its own to produce an effective enforcement system in this area. As the authors of this book clearly demonstrate, this suggests a binary system governing the enforcement of EC Articles 81 and 82: namely, that led by the Commission through directives and eventual regulations, and that built on ECJ principles in areas not dealt with by such Community instruments. This book describes and analyzes not only the specific Commission recommendations, but also the manner and extent to which these recommendations are or may be implemented in civil procedure. In particular, the authors consider changes which may be required if these recommendations are incorporated into Dutch and English rules of civil procedure. Also addressed are elements of procedure not mentioned by the Commission but which might usefully be considered in the context of ECJ principles of effectiveness, equivalence and effective judicial protection of rights. At the heart of the study is a detailed analysis of the Commission White Paper on Damages Actions and the Commission Staff Working Paper, both issued early in 2009. The in-depth analysis ranges over procedural aspects of such elements as the following: andstanding; anddisclosure and access to evidence; andburden of proof; andfault/no fau andcosts of damages actions; andinjunctions; andcivil versus administrative enforcement; andlimitations; andleniency programmes; andcollective actions; andconfidentiality; and andforms of compensation. Anticipating as it does a looming impasse in European competition law, this remarkable book sheds defining light on the real implications of EC competition law for parties to damages actions, not only in the national systems studied but for all Member States. For practitioners and jurists it offers a particularly useful approach to the handling of cases involving European competition law, and also serves as a guide to current trends and as a clarification of doctrine.

General Reports of the XIXth Congress of the International Academy of Comparative Law Rapports Généraux du XIXème Congrès de l'Académie Internationale de Droit Comparé

Download General Reports of the XIXth Congress of the International Academy of Comparative Law Rapports Généraux du XIXème Congrès de l'Académie Internationale de Droit Comparé PDF Online Free

Author : Martin Schauer
Publisher : Springer
ISBN 13 : 940241066X
Total Pages : 623 pages
Book Rating : 4.4/5 (24 download)

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Book Synopsis General Reports of the XIXth Congress of the International Academy of Comparative Law Rapports Généraux du XIXème Congrès de l'Académie Internationale de Droit Comparé by : Martin Schauer

Download or read book General Reports of the XIXth Congress of the International Academy of Comparative Law Rapports Généraux du XIXème Congrès de l'Académie Internationale de Droit Comparé written by Martin Schauer and published by Springer. This book was released on 2017-06-01 with total page 623 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with convergences of legal doctrine despite jurisdictional, cultural, and political barriers, and of divergences due to such barriers, examining topics that are of vital importance to contemporary legal scholars. Written by leading scholars from more than twenty countries, its thirty-two chapters present a comparative analysis of cutting-edge legal topics of the 21st century. While each of the countries covered stands alone as a sovereign state, in a technologically advanced world their disparate systems nonetheless show comparable strategies in dealing with complex legal issues. The book is a critical addition to the library of any scholar hoping to keep abreast of the major trends in contemporary law. It covers a vast area of topics that are dealt with from a comparative point of view and represents the current state of law in each area.

Commonwealth Caribbean Civil Procedure

Author : Gilbert Kodilinye
Publisher : Routledge
ISBN 13 : 1134028741
Total Pages : 265 pages
Book Rating : 4.1/5 (34 download)

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Book Synopsis Commonwealth Caribbean Civil Procedure by : Gilbert Kodilinye

Download or read book Commonwealth Caribbean Civil Procedure written by Gilbert Kodilinye and published by Routledge. This book was released on 2008-10-27 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition of a well-established book is a timely response to the enactment during the past 3 to 5 years of new rules of civil procedure which are now in force, or are soon coming into force in the vast majority of Caribbean jurisdictions. The third edition has been substantially revised and augmented to take into account the revision of the rules and covers the new rules in detail. The book also provides coverage of the recent case-law coming out of Jamaica and the Organisation of Eastern Caribbean States (OECS), under the new rules of civil procedure. This book is essential reading for students of Commonwealth Caribbean law as well as anyone wishing to get to grips with the new rules of civil procedure.

European Traditions in Civil Procedure

Author : C. H. van Rhee
Publisher : Intersentia nv
ISBN 13 : 905095491X
Total Pages : 362 pages
Book Rating : 4.0/5 (59 download)

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Book Synopsis European Traditions in Civil Procedure by : C. H. van Rhee

Download or read book European Traditions in Civil Procedure written by C. H. van Rhee and published by Intersentia nv. This book was released on 2005 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: European co-operation has resulted in many new and challenging opportunities for legal scholars who, since the so-called 'codification period', have become used to operating in a purely national context. This applies also to scholars in the field of civil procedure, who, for a considerable period of time, have resisted leaving the purely national domain. These scholars have devoted a great deal of attention to the question whether or not harmonisation of civil procedural law is a feasible option, and, if so, in what manner harmonisation should be achieved. The contributors to this book seek to further the harmonisation debate by exploring some of the main trends in the development of civil procedural law during the last two centuries in several European countries (Germany, Austria, Switzerland, France, England and Wales, The Netherlands and Belgium). Two of the central issues that are addressed by the contributors are the extent to which the various procedural models have influenced each other and the extent to which common traditions in civil procedural law may be distinguished in Europe. Each general chapter in this book is supplemented by three chapters devoted to specific procedural topics: Conciliation, Party Interrogation as Evidence and the Role of the Judge. In addition, extensive bibliographical references are included.

Modern Legal Drafting

Author : Peter Butt
Publisher : Cambridge University Press
ISBN 13 : 9781139459402
Total Pages : 282 pages
Book Rating : 4.4/5 (594 download)

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Book Synopsis Modern Legal Drafting by : Peter Butt

Download or read book Modern Legal Drafting written by Peter Butt and published by Cambridge University Press. This book was released on 2006-10-23 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the second edition of this highly regarded text, the authors show how and why traditional legal language has developed the peculiar characteristics that make legal documents inaccessible to the end users. Incorporating recent research and case law, the book provides a critical examination of case law and the rules of interpretation. Detailed case studies illustrate how obtuse or outdated words, phrases and concepts can be rewritten, reworked or removed altogether. Particularly useful is the step-by-step guide to drafting in the modern style, using examples from four types of common legal documents: leases, company constitutions, wills and conveyances. Readers will gain an appreciation of the historical influences on drafting practice and the use of legal terminology. They will learn about the current moves to reform legal language, and receive clear instruction on how to make their writing clearer and their legal documents more useful.

Enforcing Intellectual Property Rights

Author : Jane Lambert
Publisher : CRC Press
ISBN 13 : 1317143531
Total Pages : 191 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Enforcing Intellectual Property Rights by : Jane Lambert

Download or read book Enforcing Intellectual Property Rights written by Jane Lambert and published by CRC Press. This book was released on 2016-04-29 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: What do you do if ... you need to seek a court order against a former employee who has set up in competition with you, having first helped themselves to your customer database? ... Or if you are deluged with complainants who have bought products they thought were yours, but turn out to have been made from inferior materials and without your knowledge or consent? ... Or if you receive a solicitor's letter complaining that a product you are about to launch infringes their client's trade mark or registered design? Jane Lambert's concise and practical guide gives you the knowledge that you need to make crucial decisions to protect your intellectual assets before it is too late. It should be kept close at hand for use in emergencies, just like a first aid manual. Its purpose is to alert you to problems so that you can take the right steps to manage them, in consultation with your professional advisors, before they develop into crises. And, if the worst does happen and you need to go to law, the guide provides you with the information you need to understand the process, the risks and how to prepare effectively. If you are planning an enforcement strategy, looking for the optimum patent or registered trade mark or design protection and to secure the appropriate insurance to make sure you have a fund available to enforce these, then this book is for you. If you're already in hot water, someone with an intellectual property problem who needs to make fast decisions in very little time, then this book is for you too. It could help you avoid the most expensive mistake of your life.

Simpson's Forensic Medicine, 14th Edition

Author : Jason Payne-James
Publisher : CRC Press
ISBN 13 : 1498704328
Total Pages : 343 pages
Book Rating : 4.4/5 (987 download)

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Book Synopsis Simpson's Forensic Medicine, 14th Edition by : Jason Payne-James

Download or read book Simpson's Forensic Medicine, 14th Edition written by Jason Payne-James and published by CRC Press. This book was released on 2019-10-16 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prestigious and authoritative, this fully updated fourteenth edition of Simpson's Forensic Medicine remains a classic; one of the world's leading introductory texts in the field of forensic medicine. It presents all that the generalist or student needs to know about the interface between medicine and the law.

Review of Civil Litigation Costs

Author : Great Britain. Ministry of Justice
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.