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Civil Procedure in the European Order: An Overview of the Latest Developments

Carla Crifò

in The Civil Procedure Rules Ten Years On

Published in print:
2009
Published Online:
March 2012
ISBN:
9780199576883
eISBN:
9780191702228
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199576883.003.0019
Subject:
Law, Constitutional and Administrative Law

In the last ten years, there have been two major developments with regards to the rules of court in civil matters. One has been the creation and consolidation of the Civil Procedure Rules (CPR) upon ... More


CIVIL PROCEDURE

Neil Andrews

in English Private Law

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199661770
eISBN:
9780191778612
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199661770.003.0022
Subject:
Law, Law of Obligations, Company and Commercial Law

This chapter first discusses the Civil Procedure Rules 1998 (CPR) and the sources of English civil procedure. It then covers the stages in the course of a civil action; commencement of proceedings; ... More


The Ethos of the Woolf Reforms in the Transformations of Post-socialist Civil Procedures: Case Study of Poland

Magdalena Tulibacka

in The Civil Procedure Rules Ten Years On

Published in print:
2009
Published Online:
March 2012
ISBN:
9780199576883
eISBN:
9780191702228
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199576883.003.0021
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on the transformations in civil procedure rules and litigation practice of post-socialist states of central and eastern Europe, observed mainly through the example of Poland. ... More


Introduction

Déirdre Dwyer

in The Civil Procedure Rules Ten Years On

Published in print:
2009
Published Online:
March 2012
ISBN:
9780199576883
eISBN:
9780191702228
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199576883.003.0001
Subject:
Law, Constitutional and Administrative Law

The Civil Procedure Rules (CPR), which unified the rules of civil procedure in the High Court and county courts for the first time, took effect in April 1999. Based on the findings of Lord Woolf's ... More


Mediation in England and Wales: Regulation and Practice

Jens M. Scherpe and Bevan Marten

in Mediation: Principles and Regulation in Comparative Perspective

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199653485
eISBN:
9780191758270
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199653485.003.0006
Subject:
Law, Comparative Law, Private International Law

This chapter examines the law and practice of mediation in England and Wales. Key issues include the promotion of mediation in civil cases through the Civil Procedure Rules (CPR), using pre-action ... More


The Influences of the CPR on Civil Procedure and Evidence Reform in the Netherlands

Daan Asser

in The Civil Procedure Rules Ten Years On

Published in print:
2009
Published Online:
March 2012
ISBN:
9780199576883
eISBN:
9780191702228
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199576883.003.0020
Subject:
Law, Constitutional and Administrative Law

Although the Civil Procedure Rules (CPR) have not notably influenced the development of Dutch civil procedural law during the past decade prior to this book's publication, they have played a role in ... More


The Civil Procedure Rules Ten Years On

Déirdre Dwyer (ed.)

Published in print:
2009
Published Online:
March 2012
ISBN:
9780199576883
eISBN:
9780191702228
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199576883.001.0001
Subject:
Law, Constitutional and Administrative Law

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 ... More


CPR r 32.1(2): Case Management Tool or Broad Exclusionary Power?

Katharine Grevling

in The Civil Procedure Rules Ten Years On

Published in print:
2009
Published Online:
March 2012
ISBN:
9780199576883
eISBN:
9780191702228
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199576883.003.0012
Subject:
Law, Constitutional and Administrative Law

This chapter examines the nature and scope of the exclusionary power contained in Civil Procedure Rule (CPR) R 32.1(2), and in particular in considers whether it could ever be used to exclude ... More


Secrecy and Commercial Litigation

Joseph Jaconelli

in Open Justice: A Critique of the Public Trial

Published in print:
2002
Published Online:
March 2012
ISBN:
9780198252580
eISBN:
9780191681387
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198252580.003.0006
Subject:
Law, Criminal Law and Criminology

The issue of open justice in the commercial environment does not provoke the passionate debate that is encountered in other areas of law. The question of secrecy and the judicial process is, ... More


The Ironic History of Class Actions

Brian T. Fitzpatrick

in The Conservative Case for Class Actions

Published in print:
2019
Published Online:
May 2020
ISBN:
9780226659336
eISBN:
9780226659473
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226659473.003.0002
Subject:
Law, Constitutional and Administrative Law

The modern class action was created in 1966 by an amendment to Federal Rule of Civil Procedure 23 by an obscure committee of lawyers, judges, and academics. Despite all of the opposition to it by big ... More


What is the Meaning of CPR r 1.1(1)?

Déirdre Dwyer

in The Civil Procedure Rules Ten Years On

Published in print:
2009
Published Online:
March 2012
ISBN:
9780199576883
eISBN:
9780191702228
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199576883.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter explores the meaning of r 1.1(1) of the Civil Procedure Rules (CPR). This rule states simply that, ‘These Rules are a new procedural code with the overriding objective of enabling the ... More


‘Actively’: The Word that Changed the Civil Courts

Robert Turner

in The Civil Procedure Rules Ten Years On

Published in print:
2009
Published Online:
March 2012
ISBN:
9780199576883
eISBN:
9780191702228
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199576883.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter considers the importance of active case management to the Civil Procedure Rules (CPR). It argues that to understand the present regime of case management, it is vital to know something ... More


Some Thoughts on the First Seven and a Half Years of the CPR

Henry Brooke

in The Civil Procedure Rules Ten Years On

Published in print:
2009
Published Online:
March 2012
ISBN:
9780199576883
eISBN:
9780191702228
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199576883.003.0024
Subject:
Law, Constitutional and Administrative Law

This chapter considers Sir Henry Brooke's experiences during the time when he was playing a leading role in interpreting the Civil Procedure Rules (CPR) in the Court of Appeal between 2000 and 2006. ... More


The Civil Procedure Rules Ten Years on: The Practitioners’ Perspective

Tim Parkes

in The Civil Procedure Rules Ten Years On

Published in print:
2009
Published Online:
March 2012
ISBN:
9780199576883
eISBN:
9780191702228
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199576883.003.0023
Subject:
Law, Constitutional and Administrative Law

In the second half of 2008, Herbert Smith LLP conducted a survey of senior dispute resolution practitioners in their own firm, and among other members of the Commercial Litigators' Forum, into how ... More


Afterword

J. W. F. Allison

in A Continental Distinction in the Common Law: A Historical and Comparative Perspective on English Public Law

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298656
eISBN:
9780191710735
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298656.003.0012
Subject:
Law, Comparative Law, Legal History

Procedural reform, as well as litigation and controversy about the English distinction between public and private law, continued after this book's main text was first published. This Afterword ... More


Litigation Management under the CPR: A Poorly-used Management Infrastructure

Adrian Zuckerman

in The Civil Procedure Rules Ten Years On

Published in print:
2009
Published Online:
March 2012
ISBN:
9780199576883
eISBN:
9780191702228
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199576883.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter is concerned with the Civil Procedure Rules (CPR) management infrastructure. The CPR have recognized the need for effective management and have established a good management ... More


ADR after the CPR: Have ADR Initiatives Now Assured Mediation an Integral Role in the Civil Justice System in England and Wales?

Susan Prince

in The Civil Procedure Rules Ten Years On

Published in print:
2009
Published Online:
March 2012
ISBN:
9780199576883
eISBN:
9780191702228
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199576883.003.0017
Subject:
Law, Constitutional and Administrative Law

This chapter examines the effectiveness of alternative dispute resolution (ADR) initiatives, particularly mediation initiatives, in non-family civil cases since the introduction of the Civil ... More


Rules of Engagement: The Spatiality of Judicial Review

Melinda Harm Benson

in The Expanding Spaces of Law: A Timely Legal Geography

Published in print:
2014
Published Online:
September 2014
ISBN:
9780804787185
eISBN:
9780804791878
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804787185.003.0010
Subject:
Law, Philosophy of Law

This chapter explores the idea that litigation presupposes a space that has, to date, commanded little attention from legal geography. Legal systems and processes and their associated “rules of ... More


England and Wales: National Correspondents: Prof Michael Anderson Schillig and Nick Segal, in Collaboration with Katharina Crinson

in Rescue of Business in Europe: A European Law Institute Instrument

Published in print:
2020
Published Online:
March 2021
ISBN:
9780198826521
eISBN:
9780191932274
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198826521.003.0020
Subject:
Law, EU Law

A fixed charge receivership also does not fall neatly within either a pre-insolvency regime or an insolvency procedure. A fixed charge receivership is contractual in nature. A fixed charge receiver ... More


Proportionality and Suitability of the Disclosure Regime under the CPR

Hodge M Malek

in The Civil Procedure Rules Ten Years On

Published in print:
2009
Published Online:
March 2012
ISBN:
9780199576883
eISBN:
9780191702228
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199576883.003.0014
Subject:
Law, Constitutional and Administrative Law

This chapter suggests that the Civil Procedure Rules' disclosure regime has now been in place for so long that it can now be assessed on its own merits. Disclosure is one of the key features of ... More


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