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

2009 ◽  
pp. 326-340
Author(s):  
Susan Prince
Keyword(s):  
Justice System ◽  
Civil Justice ◽  
England And Wales ◽  
Integral Role ◽  
Civil Justice System

scholarly journals The new Civil Procedure Rules. 1. The process of dispute resolution and litigation

2000 ◽  
Vol 6 (2) ◽  
pp. 153-158 ◽  
Author(s):  
Keith Rix
Keyword(s):  
Dispute Resolution ◽  
Justice System ◽  
Expert Witness ◽  
Civil Procedure ◽  
Previous Article ◽  
Civil Justice ◽  
England And Wales ◽  
Key Points ◽  
Civil Justice System

In the second of my previous two articles on the role of the expert witness, I anticipated the implementation of Lord Woolf's proposed reforms to the civil justice system in England and Wales (Rix, 1999). These changes came into effect on 26 April 1999 and they represent the most radical changes to the civil justice system for a hundred years. In the previous article, it was not possible to do more than list a few of the key points relevant to experts. The purpose of this article is to describe the changes in detail and show how they will, or can be expected to, affect the role of the expert.

8. The civil and commercial justice systems

2021 ◽  
pp. 218-252
Author(s):  
Martin Partington
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
Civil Justice ◽  
England And Wales ◽  
High Court ◽  
Justice Systems ◽  
Appeal Courts ◽  
Civil Justice System

This chapter discusses the civil and commercial justice systems. It considers the purpose of the civil justice system and also covers the use of alternative dispute resolution and the incentives to keep disputes out of the court. It looks at the court structure, the county court, the High Court, the newly created Business and Property Courts of England and Wales, and other courts and offices. It considers possible changes that may result from the Transformation programme and the civil and commercial justice systems’ response to the COVID-19 pandemic. It also considers routes of appeal and the work of the appeal courts.

8. The civil and commercial justice systems

2019 ◽  
pp. 210-242
Author(s):  
Martin Partington
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
Civil Justice ◽  
England And Wales ◽  
High Court ◽  
Justice Systems ◽  
Appeal Courts ◽  
Civil Justice System

This chapter discusses the civil and commercial justice systems. It considers the purpose of the civil justice system and also covers the use of alternative dispute resolution and the incentives to keep disputes out of the court. It looks at the court structure, the county court, the High Court, the newly created Business and Property Courts of England and Wales, and other courts and offices. It considers possible changes that may follow the courts and tribunals transformation project. It also considers routes of appeal and the work of the appeal courts.

scholarly journals Expert evidence and the courts: 1. The history of expert evidence

1999 ◽  
Vol 5 (1) ◽  
pp. 71-77 ◽  
Author(s):  
Keith J. B. Rix
Keyword(s):  
Justice System ◽  
Expert Witness ◽  
Expert Witnesses ◽  
Expert Evidence ◽  
Civil Justice ◽  
England And Wales ◽  
History Of ◽  
Civil Justice System

Recommendations by Lord Woolf for the reform of the civil justice system in England and Wales include proposals which are already beginning to influence the provision of expert evidence to the courts. Lord Woolf has himself been instrumental in the establishment of an Expert Witness Institute which has caused some controversy in medical circles. It is no coincidence that all of this is happening at a time when the courts are delivering judgments which are particularly critical of some expert witnesses.

scholarly journals In Chancery: The Genesis of Micro Caseflow Management

Amicus Curiae ◽  
2020 ◽  
Vol 1 (2) ◽  
pp. 165-200
Author(s):  
Michael Reynolds
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
Court System ◽  
Civil Justice ◽  
England And Wales ◽  
Informal Justice ◽  
Judicial Practice ◽  
Civil Justice System ◽  
The Relationship

This article explores an early example of subordinate judicial practice in England and Wales in which we may see some issues that later appear in the relationship between informal justice initiatives (especially alternative dispute resolution) and the civil justice system. Broadly speaking, the paper looks first at the symptoms of systemic failure in the pre-1873 system which led to the creation of the Official Referee’s office. It then considers the relevant recommendations of the Judicature Commissioners and the reasoning behind such recommendation, looking at both the macro- and the micro-levels, before exploring the referees’ diverse jurisdiction which provided a creative foundation for the evolution of interlocutory innovation. The article argues that structural realignment of the court system by the Judicature Commissioners was not sufficient in itself to eradicate all its encumbrances, but it indirectly empowered the referees to eventually bring about revolutionary procedural changes.

A comparative analysis of the criminal and civil justice systems in England and Wales

2017 ◽  
Author(s):  
Matthew R. Smith
Keyword(s):  
Justice System ◽  
Economic Viability ◽  
Fundamental Change ◽  
Credit Crisis ◽  
Civil Justice ◽  
England And Wales ◽  
The Public ◽  
International Credit ◽  
Justice Systems ◽  
Civil Justice System

This Chapter explores the current criminal and civil justice systems in England and Wales and compares their accessibility to the public, their value for money and their overall viability. The international credit crisis resulted in government cuts and streamlining has produced an appetite to reduce criminal and civil litigation. In the criminal justice system, fewer cases are prosecuted whilst in the civil justice system; there is a desire to deter litigation by a number of measures. This Chapter argues that this philosophy is detrimental to both systems resulting in the reduction of genuine litigation thereby rendering the accessibility to both systems difficult and unfair. Whilst their economic viability might appear to be sound, this Chapter maintains that overall they are not economically viable and there needs to be a fundamental change in philosophy and approach.

8. The civil and commercial justice systems

2018 ◽  
Author(s):  
Martin Partington
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
Civil Justice ◽  
England And Wales ◽  
High Court ◽  
Justice Systems ◽  
Appeal Courts ◽  
Civil Justice System

This chapter discusses the civil and commercial justice systems. It considers the purpose of the civil justice system and also covers the use of alternative dispute resolution and the incentives to keep disputes out of the court. It looks at the court structure, the county court, the High Court, the newly created Business and Property Courts of England and Wales, and other courts and offices. It considers possible changes that may follow the transformation project. It also considers routes of appeal and the work of the appeal courts.

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