The Fabric Of English Civil Justice
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The Fabric Of English Civil Justice
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Author : Sir Jack Isaac Hai Jacob
language : en
Publisher:
Release Date : 1987
The Fabric Of English Civil Justice written by Sir Jack Isaac Hai Jacob and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with Actions and defenses categories.
Reforming Civil Procedure
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Author : Dominic De Saulles
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-05-16
Reforming Civil Procedure written by Dominic De Saulles and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-16 with Law categories.
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.
English Civil Justice After The Woolf And Jackson Reforms
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Author : John Sorabji
language : en
Publisher: Cambridge University Press
Release Date : 2014-06-26
English Civil Justice After The Woolf And Jackson Reforms written by John Sorabji and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-06-26 with Law categories.
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.
Open Justice
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Author : Joseph Jaconelli
language : en
Publisher:
Release Date : 2002
Open Justice written by Joseph Jaconelli and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Law categories.
It has long been a fundamental norm of civilized legal systems that the administration of justice is conducted in full view of the public. This is regarded as particularly important in criminal cases, where the accused is traditionally viewed as possessing the right to a public trial. The rise of the modern media, especially television, has created the possibility of a global audience for high profile cases. Increasingly, however, it is seen that the open conduct of legal proceedings is prejudicial to important values such as the privacy of parties, rehabilitative considerations, national security, commercial secrecy, and the need to safeguard witnesses and jurors from intimidation. In this topical new study, Joseph Jaconelli explores these issues and offers a critical examination, in the context of English law, of the values served by open justice and the tensions that exist between it and other important interests.
The Administration Of Civil Justice In England And Wales
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Author : R. W. Vick
language : en
Publisher: Pergamon
Release Date : 1968-09-01
The Administration Of Civil Justice In England And Wales written by R. W. Vick and has been published by Pergamon this book supported file pdf, txt, epub, kindle and other format this book has been release on 1968-09-01 with categories.
Civil Procedure
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Author : Carla Crifó
language : en
Publisher: Hart Publishing
Release Date : 2024-06-13
Civil Procedure written by Carla Crifó and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-06-13 with Law categories.
This book examines the history, theories and legal principles underpinning the rules and practice of civil litigation in England and Wales. English civil procedure has been the object of renewed interest in the last 20 years since Lord Woolf proposed and implemented reforms of the civil justice system on a scale unequalled since the mid-19th century. Focusing on the overarching theoretical framework of civil procedure, this book provides a rigorous contextual analysis of the rules and practice of civil litigation in England and Wales and identifies the applicable rule of process and its rationale and connection to these rules and determines the scope of judicial discretion and regulatory flexibility. Chapter 1 sets out the core themes of the work, Chapter 2 provides the important historical background to modern English rules of court. Chapter 3 focuses on the rules of court as addressed to and concerning the litigant. This chapter therefore presents the 'fundamental principles' as the 'promises' by the state to litigants, that their rights will be enforced. It addresses the nature of a civil lawsuit and of the right to sue itself, whether private, that is, part of the litigant's “estate” either directly or as an extension of his other property at stake, or public, as the forum for the determination of the substantive law albeit in an individualized context. This also includes a discussion of the need for – or existence of, in all but name – separation between civil and administrative adjudication. Chapter 4 identifies the current theories of justice determining the function of the civil court in English law and their application to discrete moments of litigation but from the perspective of the way in which the judges conducting the litigation have their role and power reflected and amplified in the rules. Chapters 5 and 6 addresses the nature of the result of litigation, primarily the judgment (but also other types of final adjudicative decisions) and its characters, and the possibilities and nature of appeals in the current system. Chapter 7 considers the result of litigation in the notoriously difficult and uneven area of enforcement of final judgments.
Civil Justice Review
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Author : Review Body on Civil Justice (Great Britain)
language : en
Publisher:
Release Date : 1988
Civil Justice Review written by Review Body on Civil Justice (Great Britain) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with Civil law categories.
The Administration Of Civil Justice In England And Wales
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Author : Richard William Vick
language : en
Publisher: Pergamon
Release Date : 1968
The Administration Of Civil Justice In England And Wales written by Richard William Vick and has been published by Pergamon this book supported file pdf, txt, epub, kindle and other format this book has been release on 1968 with Courts categories.
Judging Civil Justice
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Author : Hazel G. Genn
language : en
Publisher: Cambridge University Press
Release Date : 2010
Judging Civil Justice written by Hazel G. Genn and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
A trenchant critique of developments in civil justice that questions modern orthodoxy and points to a downgrading of civil justice.
The Three Paths Of Justice
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Author : Neil Andrews
language : en
Publisher: Springer
Release Date : 2018-05-08
The Three Paths Of Justice written by Neil Andrews and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-08 with Law categories.
This revised second edition takes account of developments in the field of dispute resolution, including mediation and arbitration. The book presents a concise account of the English system of civil litigation, covering court proceedings in England and Wales. It is an original and important study of a system which is the historical root of the US litigation system. The volume offers a comprehensive and properly balanced account of the entire range of dispute resolution techniques. As the first (revised) book on this subject to be published in the USA, it enables American lawyers to gain an overview of the main institutions of English Civil Procedure, including mediation and arbitration. It will render the English system of civil justice accessible to law students in the US, practitioners of law, professors, judges, and policy-makers.