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.

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.

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.

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.

scholarly journals Moving on from a judicial preference for mediation to embed appropriate dispute resolution

2019 ◽  
Vol 70 (3) ◽  
pp. 331-354
Author(s):  
Masood Ahmed
Keyword(s):  
Dispute Resolution ◽  
Justice System ◽  
Civil Justice ◽  
Civil Justice System ◽  
Court Of Appeal ◽  
Potential Use

This paper critically considers judicial approaches to and promotion of mediation within the English civil justice system. It argues that the overzealous judicial emphasis on mediation in the ADR jurisprudence has restricted the wider concepts of ADR and ‘dispute resolution’ which in turn has created what the author terms ‘judicial mediation bias’. The paper critically explores these issues through an analysis of the ADR jurisprudence, with a focus on key Court of Appeal ADR authorities, and successive civil justice reforms. The paper makes proposals for reform, including the potential use of stages one and two of Lord Justice Briggs’ online court to promote a greater application of a variety of ADR procedures, in particular, judicial early neutral evaluation and collaborative dispute resolution.

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.

The Civil Procedure Rules Twenty Years On

2020 ◽  
pp. 3-24
Author(s):  
Damien Byrne Hill ◽  
Maura McIntosh
Keyword(s):  
Justice System ◽  
Civil Procedure ◽  
Civil Litigation ◽  
Reform Process ◽  
Civil Justice ◽  
Witness Statements ◽  
Civil Justice System

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.

The Application of Artificial Intelligence Technology in the US Civil Court System

Legal Concept ◽  
2021 ◽  
pp. 63-71
Author(s):  
Ekaterina Kupchina ◽  
Keyword(s):  
Artificial Intelligence ◽  
Justice System ◽  
Court System ◽  
Civil Justice ◽  
Civil Court ◽  
Current Trends ◽  
The Us ◽  
Artificial Intelligence Technology ◽  
Civil Justice System ◽  
Artificial Intelligence Systems

Introduction: in the era of the active introduction of digital technologies, more and more processes are being automated and smart machines are taking over the work of people. Even at the end of the 20th century, automatic spell-checking and search engines were perceived by many as “highly intelligent” information technologies. Currently, such processes have become completely trivial for most people and have given way to more advanced technologies. The intelligent face recognition systems installed in public places and airports allow you to verify a person’s identity, as well as assist in the capture of criminals. The smart assistants in mobile devices, for example, Google Maps, provide additional information about the destination (working hours, the name of the organization). However, there is more and more debate about the introduction of artificial intelligence technologies in the judicial process. Many experts in the field of information and communication technologies, as well as practicing lawyers, argue that thanks to the accumulated experience and judicial practice, it is possible to predict and make court decisions based on certain algorithms for certain categories of cases. This practice already exists in the system of alternative settlement of civil disputes. The first such decision was made by a robot mediator back in 2019 in the High Court of England and Wales. To resolve the dispute, the Smartsettle ONE system developed by the Canadian company iCan Systems was used. The use of artificial intelligence technology allowed resolving the dispute between the parties and coming to an agreement in less than an hour. The legislator approaches the issues of the introduction of artificial intelligence technology in the system of state courts more carefully. However, court cases do not always require a comprehensive individual approach to decision-making and many cases can be processed automatically, at least, partially. In this regard, it seems appropriate to explore in the paper the main opportunities and risks of using artificial intelligence through the example of the civil justice system of the United States of America. The purpose of the study is achieved by answering several questions: how can artificial intelligence be useful for courts? What mechanisms of the justice system need to be improved for the effective operation of artificial intelligence systems? What forms of artificial intelligence exist in the US civil court system? How can courts and judges work with artificial intelligence under the standards of a fair procedure for considering civil disputes? The methodology is based on a theoretical approach to the study of the most commonly used artificial intelligence technologies in the US civil justice system, as well as a number of national laws and other regulations. Based on the analysis of the theoretical data obtained, in the paper, the author analyzes the current trends and mechanisms for resolving civil disputes using artificial intelligence systems and also highlights some related problems. The results of the research can be used in determining the key goals and objectives of a procedural nature, improving the functioning of judicial and non-judicial organizations, law enforcement, research activities, as well as in teaching activities, in particular, during lectures and seminars on courses of private international law and civil procedure. Conclusions: increasing the level of awareness of participants in civil law disputes about current trends and tools for the administration of justice contributes to the development of the institution of civil proceedings, as well as contributes to increasing transparency and increasing the degree of trust of citizens in the judicial system as a whole.

scholarly journals Adversial Principle Under the New Civil Procedure in Ukraine

2019 ◽  
Vol 2 (5) ◽  
pp. 30-41 ◽  
Keyword(s):  
Case Management ◽  
Civil Procedure ◽  
Fair Trial ◽  
Civil Justice ◽  
Effective Protection ◽  
Civil Process ◽  
The Right ◽  
Procedural Rights

This work deals with the evolution of adversarial principle in civil process under the conditions of post-socialist regression and post-reform civil justice as well as the introduction of the principles of case management and cooperation between the court and the parties in the process. In particular, it analyses the main provisions of such new guarantees of realization of the right to a fair trial, which were introduced in the CPC of Ukraine in 2017-2018 as a court’s right to prevent abuse of procedural rights, as well as the exchange of competitive documents between the parties. The authors argue that effective protection of the rights today is to be based on the adversarial principles that shall be supplemented by the security of the balance of rights of the parties and the authority of the court on the examination of civil matters.

The Civil Procedure Rules at 20

2020 ◽  
Keyword(s):  
Human Rights ◽  
Empirical Research ◽  
Judicial Review ◽  
Justice System ◽  
Civil Procedure ◽  
Civil Justice ◽  
Permanent Record ◽  
Collective Redress ◽  
20Th Anniversary ◽  
Civil Justice System

The book provides a series of presentations and papers to mark the 20th anniversary of the CPR coming into force, many of which were delivered orally at the CPR at 20 Conference at the Bonavero Institute of Human Rights, Mansfield College, Oxford in 2019. The presentations and papers have been edited and extended to provide a permanent record available to a wider audience. The book considers the successes and failures of the CPR, and current challenges faced by those designing, administering and using the civil justice system. It covers a range of topics including: the digitisation of the civil justice system, the overriding objective, principles of proportionality, disclosure, collective redress, judicial review rules, closed material proceedings and costs and funding rules. The book contains doctrinal, theoretical and empirical research and analysis about the use of the civil procedure rules and the civil justice system more broadly.

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