CIVIL PROCEDURE RULES AT 20 C

Erscheinungsjahr 2020
ISBN: 978-0-19-886318-2
Verlag: ACADEMIC

Buch, Englisch, 348 Seiten, Format (B × H): 161 mm x 240 mm, Gewicht: 687 g

Civil Procedure Rules at 20 is a collection of presentations and papers to mark the 20th anniversary of the CPR coming into force, many of which were delivered orally at the CPR at 20 Conference at the Bonavero Institute of Human Rights, at Mansfield College, Oxford, in 2019. The presentations and papers have been edited and extended to provide a permanent record available to a wider audience.

The book is dedicated to examining key challenges and changes facing the civil justice system, marking the 20th anniversary of the current civil procedures governing civil litigation in England and Wales. It addresses a range of technical, political, and controversial subjects on access to justice and the rules governing civil litigation, including the digitization of the justice system and the future role of artificial intelligence; the emergence of class actions; disclosure rules and reform; restrictions on Judicial Review challenges to Government decisions; closed material proceedings; and efforts to make the costs of civil litigation more affordable and proportional, including the availability of legal aid.

With a Foreword by Lord Briggs, the contributions come from those best qualified to tell this story, from senior judges, practitioners, and leading academic scholars each with their own unique perspective.

Autoren/Hrsg.

Higgins

Higgins, Andrew

Fachgebiete

• Rechtswissenschaften Bürgerliches Recht
• Rechtswissenschaften Allgemeines Verfahrens-, Zivilprozess- und Insolvenzrecht Zivilprozessrecht

Inhaltsverzeichnis

- Part I: Introduction

- 1: Damien Byrne Hill and Maura McIntosh: The Civil Procedure Rules Twenty Years On: The Practitioners' Perspective

- 2: Andrew Higgins: Keep Calm and Keep Litigating

- Part II: Judicial Presentations

- 3: Terence Etherton: Rule-Making For a Digital Court Process: The Civil Procedure Rules

- 4: Peter Coulson: Discovery: To Disclosure and Beyond

- 5: Ernest Ryder: Transformation from First Principles

- 6: Nathalie Lieven: Interventions in Judicial Review Proceedings

- 7: Martin Chamberlain: National Security, Closed Material Procedures, and Fair Trials

- 8: Rupert Jackson: Civil Justice Reform: Where Next?

- 9: Kate O'Regan: Reflections from Former Masters of the Rolls on Managing Civil Justice

- Part III: Collective Redress

- 10: Stephen Wisking and Ruth Allen: Taking Stock of the Collective Proceedings Regime in the Competition Appeal Tribunal - A Successful Compromise?

- 11: Rachael Mulheron: Lord Woolf, Multi-Party Situations, and Limitation Periods

- Part IV: Disclosure

- 12: Charles Hollander: Disclosure: Should We Have Stayed with the RSC?

- 13: Stuart Sime: Proportionality and Search-based Disclosure

- Part V: Judicial Review

- 14: Maurice Sunkin: The Use of Empirically Based Information when Reforming and Evaluating Judicial Review

- 15: Joe Tomlinson and Alison Pickup: 1. Reforming Judicial Review Costs Rules in an Age of Austerity

- Part VI: Costs and Funding

- 16: Rabeea Assy: The Overriding Principles of Affordable and Expeditious Adjudication

- 17: John Sorabji: The Long Struggle for Fixed Cost Reform

- Part VII: National Security

- 18: Hayley J. Hooper: A Core Irreducible Minimum? The Operation of the AF (No. 3) Duty in the Closed Material Procedure

- Part VIII: Technology

- 19: Richard Goodman: Reform of Civil Justice

- 20: Adrian Zuckerman: Artificial Intelligence in the Administration of Justice

Über Autor(innen)

Andrew Higgins is an Associate Professor of Civil Procedure at the Faculty of Law and Mansfield College, University of Oxford. He has published on a wide range of English procedure related topics including class actions, judicial bias, disclosure, case management, and costs and funding and has also published Legal Professional Privilege for Corporations: A Guide to 4 Major Common Law Jurisdictions (Oxford University Press 2014).