Electronification of Civil Litigation and Civil Justice – The Future of the Traditional Civil Procedure Facing the Electronification

Author(s):  
Nikolaj Fischer
Author(s):  
Damien Byrne Hill ◽  
Maura McIntosh

Cost and delay have always been the two great challenges facing the civil justice system. Lord Woolf sought to address these issues with his recommendations, which were largely implemented in the Civil Procedure Rules (CPR) twenty years ago. Lord Justice Jackson again took up the challenge in his Review of Civil Litigation Costs ten years later, leading to further significant reforms. But the reform process is far from over, with the rules on disclosure and witness statements currently in the spotlight. This chapter considers how the CPR and the various reforms have worked in practice from the perspective of the commercial solicitor, and whether more needs to be done to address the challenges.


2019 ◽  
Vol 2 (1) ◽  
pp. 45-51

As in all Eastern and Central European countries, legal system in Lithuania, including civil justice, has undergone many reforms since 1990. In 2003 new Lithuanian Code of Civil Procedure came into force and finally traditions of Western Europe (mainly German and Austrian ones) were systematically introduced into civil litigation in Lithuania. The aim of this article is to present some distinct aspects of Lithuanian civil procedure. It has been chosen to present electronification of civil proceedings because if it’s broadly known success throughout Europe. Preparatory stage is described because this stage of civil proceedings was reformed drastically in 2003. Group action is discussed as one of examples of unsuccessful reforms of Lithuanian civil justice.


2020 ◽  
Vol 12 (2) ◽  
pp. 1505
Author(s):  
Guillermo Schumann Barragán

Este artículo reseña: Gascón Inchausti, F., Hess, B. (eds.), The Future of the European Law of Civil Procedure. Cordination or Harmonisation?, Intersentia, Cambridge, 2020, 290 pp.


2021 ◽  
Vol 17 (2) ◽  
Author(s):  
Bridgette Toy-Cronin

Blindfolded Lady Justice represents the ideal of justice – a system that has no regard for the parties’ power and is attentive only to the justice of a case. The reality, however, is that power does influence the course of civil litigation in Aotearoa. This article considers the dynamics of power in civil litigation, including the types of parties involved in disputes. It then surveys and evaluates potential areas for reform, including suppressing lawyers’ fees, equalising the legal spend between opponents, removing lawyers from disputes, increasing judicial control, conglomerating claims, and involving the public in procedure reform. It concludes that the most promising areas for reform to be pursued in concert are: regulation of legal fees, increasing judicial control and involving the public in civil justice reform.


Author(s):  
Stuart Sime

A Practical Approach to Civil Procedure guides the reader through the procedural requirements employed in the civil courts. The volume provides an overview of the key statutory provisions, rules, practice directions, and case law which govern the various stages of a civil litigation claim. Providing practical guidance, the text charts the progress of a typical civil litigation claim, from funding litigation, the importance of alternative dispute resolution processes, issuing and serving proceedings, case management, and through to trial, enforcement, and appeal. Relevant sample documentation is featured throughout and introduces the forms and documents which will be encountered in practice, while key points summaries featured at the end of chapters highlight the essential points covered. This edition has been revised to incorporate rule changes up to the Civil Procedure (Amendment No 2) Rules 2021 and the 129th Update. Changes incorporated into the new edition include: Pre-action protocol for small claim road traffic accident cases and the new PD 27B; procedural aspects of the tariff system for whiplash injuries under the Civil Liability Act 2018; recent case law on service of claim forms and particulars of claim; revised rules on costs management; changes to the rules on statements of truth; revisions to the chapter on summary judgment, including the cheque rule and the approach taken in summary judgment applications for discretionary remedies; replacement PD 51U on disclosure of documents in the Business and Property Courts; case law developments on legal professional privilege and without prejudice privilege; developments on search orders, and case law on imaging orders; further guidance on remote hearings; and debt respite procedures.


Author(s):  
Steven P. Croley

This chapter provides an analytical and normative framework for evaluating the civil litigation system as well as for understanding existing critiques of the system. It argues that civil justice requires, first, that courts are accessible to parties with valid legal claims and defenses and, second, that courts are capable of distinguishing between strong and weak claims and defenses, which the chapter defines as reliability. This chapter also explains the central importance of litigation costs, and notes that on the one hand litigation costs can impede access to the courts, while on the other hand some costs are crucial to the operation of the civil litigation system—in that distinguishing between strong and weak claims requires certain expenditures.


2021 ◽  
pp. 8-16
Author(s):  
Lucilla Macgregor ◽  
Charlotte Peacey ◽  
Georgina Ridsdale

This chapter begins with a discussion of civil litigation reform. It focuses on the purpose of civil litigation. The application of the Civil Procedure Rules is detailed. Key features of civil practice in the courts, for example, the computation of time, are discussed. It considers the concept of the overriding objective and human rights and civil litigation.


Author(s):  
Carla Crifo

One of the outcomes of the Judicature Acts’ reforms of English civil litigation in the nineteenth century was the separation of ‘substance’ from ‘procedure’, by introducing rules of court that were expected to apply trans-substantively, in contrast to the previous forms of action. This was not an express central aim of the reformers, who may also have been influenced by the then concurrent creation of the American system of federal courts and their civil procedure. The chapter identifies the historical, philosophical, and ideological buttresses of the trans-substantive nature of procedural rules in the English legal system, and how trans-substantivity itself differs from the cognate values of generality and uniformity. It then explores whether any one of these concepts is still used, or useful, in English civil procedure.


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