The English Legal System

2019 ◽  
Author(s):  
Alisdair Gillespie ◽  
Siobhan Weare
Keyword(s):  
Legal System ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
Judicial Independence ◽  
Civil Litigation ◽  
Access To Justice ◽  
Legal Aid ◽  
Police Powers ◽  
System P ◽  
Civil Justice System

The English Legal System presents the main areas of the legal system and encourages a critique of the wider aspects of how law is made and reformed. The book is structured in five parts. Part I looks at the sources of law including domestic and international sources. Part II looks at the courts and the practitioners. It considers the structure of the courts and tribunals, judges and judicial independence, and the legal professions. Part III examines the criminal justice system. It begins by looking at police powers and the decision to charge and prosecute a suspect. It describes issues related to lay justice, trials, and criminal appeals, including access to justice and legal aid. The next part is about the civil justice system. It looks at civil litigation, remedies, appeals and alternative dispute resolution, as well as the funding of civil litigation. The final part looks to the future.

The English Legal System

2021 ◽  
Author(s):  
Alisdair Gillespie ◽  
Siobhan Weare
Keyword(s):  
Criminal Justice ◽  
Dispute Resolution ◽  
Legal System ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
Judicial Independence ◽  
Civil Litigation ◽  
Legal Aid ◽  
System P ◽  
Civil Justice System

The English Legal System presents the main areas of the legal system and encourages a critique of the wider aspects of how law is made and reformed. The book is structured in five parts. Part I looks at the sources of law including domestic and international sources. Part II looks at the courts and the practitioners. It considers the structure of the courts and tribunals, judges and judicial independence, the legal professions, and legal aid. Part III examines the criminal justice system. It describes issues related to lay justice, trials, and criminal appeals. The next part is about the civil justice system. It looks at civil litigation, remedies, appeals and alternative dispute resolution, as well as the funding of civil litigation. The final part looks to the future.

The English Legal System

2017 ◽  
Author(s):  
Alisdair Gillespie ◽  
Siobhan Weare
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Dispute Resolution ◽  
Legal System ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
Judicial Independence ◽  
Legal Services ◽  
System P ◽  
Civil Justice System

The English Legal System presents the main areas of the legal system and encourages a critique of the wider aspects of how law is made and reformed. The book is structured in five parts. Part I looks at the sources of law including domestic and international sources. Part II looks at the courts and the practitioners. It considers the structure of the courts and tribunals, judges and judicial independence, the legal professions, and funding legal services. Part III examines the criminal justice system. It describes issues related to lay justice, trials, and criminal appeals. The next part is about the civil justice system. It looks at civil litigation, remedies, appeals and alternative dispute resolution. The final part looks to the future.

8. The civil and commercial justice system

2017 ◽  
Author(s):  
Martin Partington
Keyword(s):  
Intellectual Property ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
Civil Justice ◽  
High Court ◽  
System P ◽  
Appeal Courts ◽  
Civil Justice System

This chapter discusses the civil and commercial justice system. It covers the purpose of the civil justice system and alternative dispute resolution. It 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 Companies Court, the Admiralty Court, the Commercial Court, the Mercantile Court, the Technology and Construction Court, the Planning Court, the Intellectual Property Enterprise Court, 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.

Introduction to the English Legal System

2021 ◽  
Author(s):  
Martin Partington
Keyword(s):  
Legal System ◽  
Justice System ◽  
Access To Justice ◽  
Administrative System ◽  
System P ◽  
The Family ◽  
The Cost ◽  
The Impact ◽  
Underlying Theme

Introduction to the English Legal System 2021–2022 has been fully updated to consider the latest developments in the English legal system. The underlying theme is change and the impact of the COVID-19 pandemic and the underlying approach is holistic. Changes to the criminal system (Chapter 5), the administrative system (Chapter 6), the family justice system (Chapter 7), and the civil and commercial (Chapter 8) justice systems are all considered. Developments in the ways in which the legal profession is regulated are also discussed (Chapter 9). Ways of funding access to justice and controlling the cost of litigating are considered (Chapter 10), as are the purposes and sources of law (Chapters 2 and 3). Chapter 11 offers a final reflection on a system in flux.

scholarly journals Underestimating the Unrepresented: Cognitive Biases Disadvantage Pro Se Litigants in Family Law Cases

2020 ◽  
Author(s):  
Kathryn Mary Kroeper ◽  
Victor David Quintanilla ◽  
Michael Frisby ◽  
Nedim Yel ◽  
Amy Applegate ◽  
...  
Keyword(s):  
Justice System ◽  
Cognitive Biases ◽  
The United States ◽  
Access To Justice ◽  
Randomized Experiments ◽  
Related Factors ◽  
Mere Presence ◽  
Dispute Resolution Mechanism ◽  
Civil Justice System ◽  
Wide Access

The majority of civil cases in the United States involve at least one pro se party—more often than not, at least one litigant is unrepresented by legal counsel. Despite efforts to provide pro se parties with information that decreases the procedural complexity of litigation, wide access to justice gaps persist between counseled and pro se litigants. We argue that, while helpful, information alone is not enough to close access-to-justice gaps, because the mere presence of counsel gives represented litigants a persuasive edge over pro se litigants in the eyes of legal officials. Two randomized experiments with civil court judges (Experiment 1) and attorney-mediators (Experiment 2), wherein only the presence of counsel varied (while other case-related factors were held constant), found that legal officials, on average, devalued the case merit of pro se litigants relative to otherwise identical counseled litigants. This case devaluation, in turn, shaped how legal officials expected pro se (vs. counseled) litigants to fare as they sought justice. Judges, attorneys, and mediators forecasted that pro se litigants would experience the civil justice system as less fair and less satisfying than counseled litigants, especially when the dispute resolution mechanism was trial (vs. mediation). These results suggest that perceptions of case merit are strongly influenced by a litigant’s counseled status. Comprehensive solutions to address access-to-justice gaps must consider ways to reduce legal officials’ biased perceptions of pro se litigants, so that they are not underestimated before their cases are even heard.

Unpacking the Dilemma of Alternative Dispute Resolution and Access to Justice by Women in the Ghanaian Context

2021 ◽  
pp. 171-189
Author(s):  
John Kwame Boateng ◽  
Ernest Darkwa
Keyword(s):  
Dispute Resolution ◽  
Legal System ◽  
Cost Reduction ◽  
Alternative Dispute Resolution ◽  
Cultural Norms ◽  
Access To Justice ◽  
Cultural Dynamics ◽  
Time Saving ◽  
Reduction Time ◽  
Remote Areas

The chapter explores the dilemma of alternative dispute resolution (ADR) and access to justice for women in Ghana. It argues that introduction and use of ADR has contributed to improving access to justice with regards to reducing delays in formal court procedures, cost reduction, time saving, opening spaces for less-resourced individuals and groups, particularly women, to have access to justice. Above all, ADR does bring access to justice systems close to remote areas, serving the needs of disadvantaged individuals including women and others who are most vulnerable. However, the weaknesses and challenges in the formal legal system, coupled with the historical and cultural dynamics of the Ghanaian society, which is patriarchal in nature, have prevented mostly women from reaping the maximum benefits of ADR. Revisiting the challenges of the justice system and the historical and cultural norms of Ghana would help increase and enhance women's access to justice through ADR.

16. Funding Civil Litigation

2019 ◽  
pp. 557-584
Author(s):  
Alisdair A. Gillespie ◽  
Siobhan Weare
Keyword(s):  
Civil Litigation ◽  
Access To Justice ◽  
Legal Aid ◽  
Eligibility Criteria ◽  
Legal Advice ◽  
Alternative Funding ◽  
Key Issues

This chapter examines the key issues surrounding the funding of civil litigation and how this impacts upon access to justice. It begins with a discussion of the concept of legal aid before moving on to consider the reforms introduced under the Legal Aid, Sentencing and Punishment of Offenders Act 2012, where legal aid has been withdrawn from significant forms of civil litigation and the eligibility criteria for legal aid altered. The roles of alternative funding arrangements and non-legal organizations operating in the provision of legal advice are also explored.

Referral fees – the business of access to justice

Legal Studies ◽  
2012 ◽  
Vol 32 (1) ◽  
pp. 109-131 ◽  
Author(s):  
Andrew Higgins
Keyword(s):  
Justice System ◽  
Public Funding ◽  
Legal Rights ◽  
Access To Justice ◽  
Legal Services ◽  
Civil Justice ◽  
Better Regulation ◽  
The Government ◽  
The Right ◽  
Civil Justice System

The paper examines the controversial issue of referral fees for personal injury claims. It looks at the function of referral fees in the civil justice system, their relationship to the guarantees of access to court and the right to seek legal assistance in ECHR Art 6, and the debate about promoting access to justice or a litigious society. It examines the experience of the referral fees market in England and Wales, where the costs of referrals have risen dramatically and there is concern that referrers are auctioning their customers to the highest bidder rather than helping them find competent lawyers. Sir Rupert Jackson recommended banning referral fees in his report on the costs of civil litigation, and the Government has announced it will implement this recommendation. The paper considers the potential effects of a ban on competition in the legal services market and its compatibility with UK and EU competition law. The paper argues that a combination of better regulation of the industry and proper regulation of costs rules is a better and more proportionate way of controlling legal costs and the quality of legal services than an outright ban. While referral fees have not delivered all the benefits one would expect from a for-profit independent referrals service, they can help people obtain information about their legal rights, and competent lawyers to enforce them. This service is particularly valuable given that the state has substantially cut public funding of the civil justice system in recent years.

scholarly journals ANALISIS BANTUAN HUKUM MELALUI ARBITRASE SYARIAH DALAM MENYELESAIKAN SENGKETA PERBANKAN SYARIAH

PRANATA HUKUM ◽  
2020 ◽  
Vol 15 (2) ◽  
pp. 183-198
Author(s):  
Muslih
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Poor People ◽  
Access To Justice ◽  
Constitutional Rights ◽  
Legal Assistance ◽  
Legal Aid ◽  
Informal Justice ◽  
Banking Regulations ◽  
National Legal System

Legal aid had the meaning of access to justice, which was the ability of people to seek and obtain restoration of their rights only through formal and informal justice court. The provision of legal aid providers in Law Number 16 of 2011 was a guarantee of the constitutional rights for the person or group of people which were categorized as poor people. Political law was something which underlies the basic policy of the promulgation of a regulation and the basic policy of the enactment of a certain regulation in the national legal system. The regulation and enforcement of sharia banking regulations in Indonesia from a political perspective of Islamic law was to be understood worthily, the existence of sharia banking regulations in Indonesia currently strengthened the theory of positivism of Islamic law and strengthened the paradigm of prophetic legal in the national legal system. According to the authors, the regulations contained in Law Number 16 of 2011 concerning legal aid, the most important thing was to provide legal assistance as a tool in law enforcement and justice. The legal assistance can be carried out in existence when the subject of legal aid, law enforcers and law institutions of sharia arbitration (Basyarnas) was functioning properly. Occasionally, the political view of Islamic law which had the main objective was the formation of justice products based on the Qur'an, Al-Hadith, Ijma and Qias in the concept and practice levels. Then the implementation of Law Number 16 of 2011 concerning legal assistance by Shari'ah arbitration in resolving Islamic banking disputes, with clear processes or mechanisms and agreements, arbitration agreement clauses before or after related to the agreement from the beginning was to provide convenience in resolving banking disputes or non banking disputes.

English Legal System Concentrate

2020 ◽  
Author(s):  
Mark Thomas ◽  
Claire McGourlay
Keyword(s):  
Criminal Justice ◽  
International Law ◽  
Criminal Justice System ◽  
Legal System ◽  
Justice System ◽  
Case Law ◽  
Civil Justice ◽  
Essential Information ◽  
Domestic Legislation ◽  
Civil Justice System

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. English Legal Systems Concentrate starts with an introduction to the English legal system (ELS). It then looks at sources of law: domestic legislation, case law, and the effect of EU and international law. The text also examines the court structure. It then looks at personnel of the ELS. It moves on to consider the criminal justice system and the civil justice system. After that, it looks at funding access to the ELS. Finally, it looks to the future of the ELS.

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