15 Hearings

2019 ◽  
Author(s):  
Brealey Mark ◽  
George Kyla
Keyword(s):  
Case Management ◽  
Civil Procedure ◽  
Confidential Information ◽  
High Court ◽  
Time Limits

This chapter focuses on practice and procedure in hearings conducted in the High Court and in the Competition Appeal Tribunal (CAT). It first considers the preparation for hearings, taking into account the relevant rules, namely Civil Procedure Rules (CPR) and CAT Rules, as well as case management, location of proceedings, treatment of confidential information, skeleton arguments and their publication, preparation of bundles of documents, and site visits. The discussion then turns to how hearings are conducted, focusing on factors to consider such as the venue, witnesses, time limits, and transcripts. The chapter also examines matters consequent upon hearings, such as handing down and reporting of judgments, along with their publication and costs. Finally, it explains how applications for permission to appeal in the High Court and in the CAT are made.

15. The civil process

2020 ◽  
pp. 554-604
Author(s):  
Steve Wilson ◽  
Helen Rutherford ◽  
Tony Storey ◽  
Natalie Wortley ◽  
Birju Kotecha
Keyword(s):  
Case Management ◽  
Civil Procedure ◽  
Civil Litigation ◽  
General Introduction ◽  
Basic Principles ◽  
High Court ◽  
Civil Process ◽  
Civil Court ◽  
History Of ◽  
Civil Courts

This chapter is a general introduction to civil litigation and the civil courts. It describes the process by which a civil claim is dealt with in the County Court or in the High Court. It provides an overview of the major case management powers possessed by the civil courts and discusses how these powers must be exercised to further the overriding objective of the Civil Procedure Rules 1998 (as amended) to deal with matters justly and at proportionate cost. A brief history of the development of the civil court rules is included and the Woolf and Jackson Reports are discussed. Some of the basic principles of civil evidence are discusses and the methods of enforcement of civil judgments are set out.

15. The civil process

2018 ◽  
Author(s):  
Steve Wilson ◽  
Helen Rutherford ◽  
Tony Storey ◽  
Natalie Wortley
Keyword(s):  
Case Management ◽  
Civil Procedure ◽  
Civil Litigation ◽  
General Introduction ◽  
Basic Principles ◽  
High Court ◽  
Civil Process ◽  
Civil Court ◽  
History Of ◽  
Civil Courts

This chapter is a general introduction to civil litigation and the civil courts. It describes the process by which a civil claim is dealt with in the County Court or in the High Court. It provides an overview of the major case management powers possessed by the civil courts and discusses how these powers must be exercised to further the overriding objective of the Civil Procedure Rules 1998 (as amended) to deal with matters justly and at proportionate cost. A brief history of the development of the civil court rules is included. Some of the basic principles of civil evidence are discusses and the methods of enforcement of civil judgments are set out.

9 Disclosure

2019 ◽  
Author(s):  
Brealey Mark ◽  
George Kyla
Keyword(s):  
Case Management ◽  
Judicial Review ◽  
Legal Framework ◽  
Freedom Of Information ◽  
Freedom Of Information Act ◽  
Confidential Information ◽  
Basic Principles ◽  
High Court ◽  
First Case ◽  
Competition Rules

This chapter focuses on disclosure in the High Court and the Competition Appeal Tribunal (CAT) with respect to claims for damages for breach of the competition rules. It first considers the legal framework for disclosure in the High Court, how to make an application when seeking disclosure or inspection of evidence relating to a competition claim, and the specific nature of the application. It then discusses pre-action disclosure, early disclosure, disclosure at first case management conference, specific disclosure, disclosure from non-parties, and disclosure in judicial review. After describing the CAT rules for disclosure in appeals and judicial review proceedings and disclosure in damages claims, the chapter analyses issues relating to disclosure and inspection of confidential information. It also explains the basic principles underlying disclosure and privilege, before concluding with an overview of how requests for information are made under the Freedom of Information Act 2000.

scholarly journals Judicial Experiments in Caseflow Management 1920-1970

Amicus Curiae ◽  
2020 ◽  
Vol 1 (3) ◽  
pp. 389-417
Author(s):  
Michael Reynolds
Keyword(s):  
Case Management ◽  
Civil Procedure ◽  
Quality Of Outcome ◽  
Rudimentary Form ◽  
Civil Courts

This article explores the evolution of a subordinate judicial office of the Official Referee which was the revolutionary creation of the Judicature Commission of 1872. What is described here is the innovation and evolution of a rudimentary form of case management more than 70 years before its formal introduction in the English courts under the Civil Procedure Rules. This article considers evidence of that evolution as well as the innovations and experiments of judges ahead of their time: Sir Francis Newbolt and his successor Official Referees. It argues that the consensual and business-like approach adopted by Newbolt and others facilitated earlier settlement by means of judicial encouragement during discussions in chambers at an early interlocutory stage. It considers the extent to which Newbolt’s Scheme focused on what Marc Galanter has described as ‘quality of outcome’ and attempts to place this study in the context of the approach taken by Galanter. Such study would not be complete without reference to the work of the late Simon Roberts, which saw civil courts as being transformed into instruments of structured negotiation.

Inherent Jurisdiction and the Limits of Civil Procedure

2020 ◽  
pp. 269-290
Author(s):  
Stuart Sime
Keyword(s):  
Rule Of Law ◽  
Separation Of Powers ◽  
Common Law ◽  
Civil Procedure ◽  
England And Wales ◽  
High Court ◽  
The Rule Of Law ◽  
Procedural Law

This chapter considers the modern scope and limitations on the use of the court’s inherent jurisdiction in common law jurisdictions. It considers the underlying juridical basis for the jurisdiction, and the underlying theories, namely that residuary powers were vested in the High Court in England and Wales by the Judicature Acts, and that all courts have inherent powers to prevent abuse of process. It considers the ramifications of the distinction between inherent jurisdiction and inherent powers. Changes in the legal landscape since the seminal articles by Master Jacob and Professor Dockray, including the codification of civil procedure in many common law jurisdictions, and modern understanding of the rule of law and the separation of powers, are considered. It is argued that while existing applications of the inherent jurisdiction should be retained, it is no longer acceptable for the English High Court, and equivalent courts in other jurisdictions, to generate new procedural law by resorting to the inherent jurisdiction.

Compliance Problems and Digitizing Case Management in England and Wales

2020 ◽  
pp. 153-178
Author(s):  
John Sorabji
Keyword(s):  
Artificial Intelligence ◽  
Case Management ◽  
Civil Procedure ◽  
Civil Justice ◽  
Reform Programme ◽  
Effective Operation ◽  
Compliance Problem ◽  
Civil Justice System ◽  
Civil Courts ◽  
Potential Use

Compliance with case management orders has been a hidden problem undermining the effective operation of the Civil Procedure Rules. The focus of academic critique has, however, been on the adverse consequences to their effective operation of non-compliance with such orders. This chapter considers this unexamined problem of case management: the compliance problem. It first examines the nature of the compliance problem, placing it within the context of the wider and substantially explored problem of non-compliance; the latter having formed a major limb of Zuckerman’s critique of English civil procedure. It then explores how current and potential future reforms to the English civil justice system arising from HMCTS reform programme, the Civil Courts Structure review, digitization and the potential use of artificial intelligence (AI) could overcome this unexplored problem.

Limitation Periods

2018 ◽  
Author(s):  
Rebecca Parry ◽  
James Ayliffe
Keyword(s):  
General Rule ◽  
Case Law ◽  
Civil Procedure ◽  
Time Limits ◽  
Turn On ◽  
Limitation Periods ◽  
Basic Position

The legislation does not deal expressly with the issue of what limitation periods are applicable to the transaction avoidance provisions. This is an issue which has, however, been addressed in case law. The basic position will be set out in this chapter. In summary, there is no general rule that actions by office holders are not subject to the rules of limitation and the issue of what time limits are applicable would appear to turn on the form of relief that the office holder is seeking. The position will also be affected if the action can be said to be based on the fraud of the defendant. The office holder would be well advised, however, to ensure that, as far as possible, the action is not delayed as this may lead to a striking-out action under the Civil Procedure Rules. Reference should be made to specialist works on limitation periods for further details of this area of law.

15. Track allocation and case management

2017 ◽  
Author(s):  
Stuart Sime
Keyword(s):  
Case Management ◽  
Civil Procedure ◽  
Civil Litigation ◽  
Allocation Rules ◽  
Royal Courts

Judicial case management of civil litigation is one of the central planks of the Civil Procedure Rules 1998 (CPR). In exercising their powers to manage cases, the courts will be seeking to secure the overriding objective of the CPR of ensuring that cases are dealt with justly and at proportionate cost. This chapter discusses procedural judges; docketing; provisional track allocation; filing directions questionnaires; track allocation rules; notice of allocation; allocation directions; ADR and stays to allow for settlement; transfer to appropriate court; trial in the Royal Courts of Justice; changing tracks; and subsequent case management.

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