CIVIL PROCEDURE RULES TEN YEARS ON C

Erscheinungsjahr 2009
ISBN: 978-0-19-957688-3
Verlag: ACADEMIC

Buch, Englisch, 528 Seiten, Format (B × H): 175 mm x 250 mm, Gewicht: 1074 g

Ten years after the Civil Procedure Rules changed the landscape of civil justice in England and Wales, this book presents an analysis, by some of the leading judges, academics and practitioners involved in civil litigation in this country, of the effectiveness of the Woolf Reforms, and the challenges facing civil procedure today. With a Foreword by Lord Woolf of Barnes, contributors include some of those involved in the Access to Justice inquiry and the implementation of the CPR, as well as critics of the reforms. The book includes sections on the nature of the CPR as 'a new procedural code', case management, costs and funding, civil evidence (including the changes to expert evidence under the CPR), alternative dispute resolution, the influence of the CPR on reforms in civil law jurisdictions and the effect of EC law on English civil procedure, and empirical evidence for the effectiveness of the CPR.

Zielgruppe

Civil procedure academics worldwide, barristers and solicitors practicing in dispute resolution and litigation departments and policy makers, particularly in common law jurisdictions

Autoren/Hrsg.

Dwyer

Dwyer, Déirdre

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

- 1.: Déirdre Dwyer: INTRODUCTION

- Part ONE: 'A New Procedural Code'?

- 2.: Anthony Clarke: The Woolf Reforms: a singular event or an ongoing process?

- 3.: Anthony Jolowicz: Civil litigation: what is it for?

- 4.: Déirdre Dwyer: What is the meaning of CPR r 1.1(1)?

- PART TWO: Case Management

- 5.: Robert Turner: 'Actively': the word that changed the civil courts

- 6.: Adrian Zuckerman: Litigation management under the CPR: a poorly-used management infrastructure

- 7.: Keith Uff: Summary judgment and the Civil Procedure Rules

- 8.: Susan M C Gibbons: Group litigation, class actions and collective redress: an anniversary reappraisal of Lord Woolf's three objectives

- PART THREE: Costs and Funding

- 9.: John Peysner: A blot on the landscape

- 10.: Peter Hurst: Costs orders as a case management tool

- 11.: Rachael Mulheron: Costs-shifting, security for costs, and class actions: lessons from elsewhere

- 12.: John Sorabji and Robert Musgrove: Litigation, cost, funding and the future

- PART FOUR: Civil Procedure

- 13.: Katharine Grevling: CPR r 32.1(2): Case management tool or broad exclusionary power?

- 14.: Stuart Sime: Disputes of fact in interim applications

- 15.: Hodge M. Malek: Proportionality and suitability of the disclosure regime under the CPR

- 16.: Robin Jacob: Experts and Woolf: have things got better?

- 17.: Déirdre Dwyer: The role of the expert under CPR Part 35

- PART FIVE: alternative dispute resolution

- 18.: Susan Prince: ADR after the CPR: have ADR initiatives now assured mediation an integral role in the civil justice system in England and Wales?

- 19.: Shirley Shipman: Alternative dispute resolution, the threat of adverse costs, and the right of access to court

- PART SIX: the CPR and Europe

- 20.: Carla Crifò: Civil procedure in the European order: an overview of the latest developments

- 21.: Daan Asser: The influences of the CPR on civil procedure and evidence reform in the Netherlands 3

- 22.: Magdalena Tulibacka: The ethos of the Woolf Reforms in the transformations of post-socialist civil procedures: case study of Poland

- PART SEVEN: Experiences of the CPR

- 23.: Michael Zander: The Woolf Reforms: What's the Verdict?

- 24.: Tim Parkes: The Civil Procedure Rules ten years on: the practitioners' perspective

- 25.: Henry Brooke: Some thoughts on the first seven and a half years of the CPR

Über Autor(innen)

After graduating in Philosophy, Déirdre Dwyer gained a second degree in Law, and was called to the Bar at Lincoln's Inn. Her monograph on The Judicial Assessment of Expert Evidence was published in 2008.

Dr Dwyer is a British Academy Postdoctoral Fellow at the University of Oxford Faculty of Law, and a Junior Research Fellow at Pembroke College, Oxford. Her current research interests are in the principles of civil evidence and the origins of modern English civil procedure. She lectures in Evidence and Civil Procedure to graduate students at the University of Oxford.

Dr Dwyer serves as the book reviews editor for the International Commentary on Evidence, as a member of the editorial board of the International Journal of Evidence and Proof, and will be one of the editors of the 17th (2010) edition of Phipson on Evidence.