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.

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

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.

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.

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.

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.

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.

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.

Traditional Justice System as Alternative Dispute Resolution Under Article 159(2)(C) of the Constitution of Kenya, 2010

2021 ◽  
Vol 1 (1) ◽  
pp. 22-40
Author(s):  
Emily Kinama
Keyword(s):  
Comparative Analysis ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
Multidisciplinary Approach ◽  
Case Law ◽  
Criminal Proceedings ◽  
Justice Systems ◽  
Civil Cases ◽  
The Right

There are various forms of justice. It cannot be limited to legal justice. This paper explores the potential of traditional justice systems under the Constitution. It illustrates the need for a multidisciplinary approach in order to fully realise the right to access justice. Through a comparative analysis as well as case law, the paper demonstrates how alternative dispute resolution is not limited to civil cases, but can be applied to criminal proceedings. Challenges are pointed out and recommendations made on how to improve and effectively manage traditional justice system

8. The Civil Justice System

2020 ◽  
pp. 223-253
Author(s):  
Mark Thomas ◽  
Claire McGourlay
Keyword(s):  
Criminal Justice ◽  
Dispute Resolution ◽  
Similar Pattern ◽  
Justice System ◽  
Civil Justice ◽  
Essential Information ◽  
Legal Structure ◽  
System P ◽  
Default Judgment ◽  
Civil Justice System

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. This chapter discusses the civil justice system. Civil justice is concerned with the private dispute between individuals in the absence of the state. It seeks to solve disputes before they have had a chance to enter the legal structure, through the use of alternative dispute resolution (ADR). Civil justice follows a similar pattern to its criminal counterpart; however, some of the procedural rules—specifically those relating to evidence—appear to be much more relaxed than in the criminal justice system. During the process of civil justice, a number of issues may arise which would bring the procedure to an end. These issues include ADR, through which parties may decide to settle the case at any point; default judgment, wherein judgment may be entered against a defendant at any point in the proceedings; and offers to settle, known as ‘Part 36 Offers’, in which an individual makes an offer to another without prejudice.

8. The Civil Justice System

2017 ◽  
Author(s):  
Mark Thomas ◽  
Claire McGourlay
Keyword(s):  
Criminal Justice ◽  
Dispute Resolution ◽  
Similar Pattern ◽  
Justice System ◽  
Civil Justice ◽  
Essential Information ◽  
Legal Structure ◽  
System P ◽  
Default Judgment ◽  
Civil Justice System

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. This chapter discusses the civil justice system. Civil justice is concerned with the private dispute between individuals in the absence of the state. It seeks to solve disputes before they have had a chance to enter the legal structure, through the use of alternative dispute resolution (ADR). Civil justice follows a similar pattern to its criminal counterpart; however, some of the procedural rules — specifically those relating to evidence — appear to be much more relaxed than in the criminal justice system. During the process of civil justice, a number of issues may arise which brings the procedure to an end. These issues include ADR, through which parties may decide to settle the case at any point; default judgment, wherein judgment may be entered against a defendant at any point in the proceedings; and offers to settle, known as a ‘Part 36 Offer’, in which an individual makes an offer to another without prejudice.

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