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This edition is fully updated to reflect all relevant changes, including a chapter on the new rules on personal injury and covers key legislation relating to civil procedure and practice in Scotland.
This volume provides a commentary on all the major areas of civil procedure. It includes the rules of practice as applied by the courts, enabling anyone practising to obtain a thorough grasp of the principles relevant to the course of litigation.
Offshore Civil Procedure is a single reference work that covers civil court procedure in the British offshore jurisdictions of the Channel Islands and the Isle of Man. It contains the offshore jurisdictions own rules of court, statutes and other enactments, setting out relevant local and other cases and supplying commentary on them in the style of the White Book. It is intended to be a stablemate to the White Book in each of the jurisdictions and is cross-referenced to the White Book as required
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.
Examines court proceedings, as well as settlement, mediation and arbitraton.
This textbook provides a comprehensive account of the most important new Civil Procedure Rules, Practice Directions and Pre-action Protocols, which make up our newly reformed civil procedure system. The substance of the rules are considered in detail and their effect explained to make it clear how they operate in practice. Case law is examined to demonstrate how the court applies the rules in practice. The Woolf Reforms are used to explain the rationale of the new system.; The book provides not only a clear guide to the meaning of the new rules but also a vital insight into the new culture, typified by case management, proportionality and the overriding objective, which has fundamentally reformed the principles on which our civil procedure system is based. A critique is given of the merits of the reforms and the likelihood that they will achieve their objectives.
This book provides precious insight into the dynamics of this new approach to consolidating European Civil Justice, clearly outlining the motivations of the various national and institutional players involved and examining potential obstacles likely to be encountered along the way. The book represents a work of reference for anyone involved in academia, practice or law reform in this subject area.
The effect of modern and communication technology on civil procedure first appeared on the agenda of the conference organized by the International Association of Procedural Law in 1999, verifying Lord Woolf’s statement from the 90’s, that ”IT will not only assist in streamlining and improving our existing systems and process; it is also likely, in due course, itself to be catalyst for radical change as well...”. At the conference in Pecs in the autumn of 2010 participants from three continents and twenty-five countries examined all aspects of the impact of modern information technology on civil procedure beginning with the electronic submission of the application, ranging from electronic service of documents and electronic means of proof supported by modern information technology. In addition to the practical issues they discussed the possible impact of electronic procedures on traditional principles of civil procedure. The conference book contains seven main reports and eleven correferates, the foreword was written by Prof. Peter Gottwald, the President of the International Association of Procedural Law.
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.