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Author: John Sorabji Publisher: ISBN: 9781139958004 Category : LAW Languages : en Pages : 284
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: ISBN: 9781139958004 Category : LAW Languages : en Pages : 284
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
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: 1139952684 Category : Law Languages : en Pages : 283
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
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: Tamara Goriely Publisher: ISBN: 9781853288364 Category : Civil procedure Languages : en Pages : 420
Book Description
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.
Author: Michelle Bramley Publisher: ISBN: 9780406914125 Category : Civil procedure Languages : en Pages : 242
Book Description
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.
Author: Rabeea Assy Publisher: Oxford University Press, USA ISBN: 0198850417 Category : Law Languages : en Pages : 305
Book Description
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.
Author: J. A. Jolowicz Publisher: Cambridge University Press ISBN: 0521584191 Category : Law Languages : en Pages : 444
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: John Sorabji
Author: John Sorabji
Author: John Sorabji
Author: John Sorabji
Author: Great Britain. Ministry of Justice
Author: A. A. S. Zuckerman
Author: Tamara Goriely
Author: Hazel G. Genn
Author: Michelle Bramley
Author: Rabeea Assy
Author: J. A. Jolowicz