The Modern Civil Process: Judicial and Alternative Forms of Dispute Resolution in EnglandMohr Siebeck, 2008 - 318 pages Neil Andrews presents the first comprehensive examination of the English system of civil justice, embracing not only court proceedings but mediation and arbitration. He provides an up-to-date account of recent changes within the English system of civil justice writing in a succinct and accessible style.He explains the main institutions of civil litigation before the English courts, but notes the limitations and problems of court litigation, despite reforms to this formal and public system of adjudication. Many business and consumer disputes are now resolved by settlement negotiations, notably by resort to mediation. There has also been a resurgence of interest in arbitration.Neil Andrews' quest for more satisfactory means of handling disputes is driven by various factors: the high cost of formal litigation; disputants' preference for confidentiality, control, speediness, and flexibility of outcome and Government's interest in economy. Furthermore, he states that English courts are keen to encourage resort to alternative forms of civil justice, notably mediation. Legal advisors, not just in England, are now familiar with the possibility that a dispute might proceed through various 'tiers': settlement discussions, mediated discussion, arbitration or court proceedings. These developments are part of a modern trend in many Western legal systems to reduce the problem of excessive and expensive resort to court proceedings. |
Contents
The Decline of Public Adjudication | 5 |
Commencement of Proceedings and Case Management | 38 |
Protective Relief | 54 |
Interim Relief and Final Judgments Without Trial | 75 |
Disclosure and Privileges | 95 |
Expert Evidence | 128 |
Trial Appeal and Enforcement | 147 |
Costs and Conditional Fee Agreements | 169 |
Common terms and phrases
Access to Justice action agree agreement application Arbitration award Bank chapter cited Civil Justice Civil Procedure Oxford claim claimant commencement common concerning conditional considered context contract costs court Court of Appeal decision defendant direct disclosure discussion dispute documents enforcement England English Civil Procedure European evidence EWCA Civ EWHC example expert fact final formal give Group hearing held High Court House Human Rights ibid important injunction interest interim International involved issues judge judgment judicial jurisdiction lawyers Limitation litigation London Lord matters mediation ment Neil Andrews noted parties person possible Practice pre-action present Principles privilege proceedings protection protocols question reasonable references relevant relief representative require respect rules settlement statement suggested tion tort trial UKHL unless witness