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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: Vesna Rijavec Publisher: Kluwer Law International B.V. ISBN: 9041166653 Category : Law Languages : en Pages : 450
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: 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: Vesna Rijavec