Case Management

2021 ◽  
pp. 89-95
Author(s):  
European Law

This chapter details the provisions on case management under the European Rules of Civil Procedure. Rule 47 provides that ‘parties must present their claims, defences, factual allegations and offers of evidence as early and completely as possible and as appropriate to the careful conduct of litigation in order to secure procedural expedition’. In general, responsibility for the efficient and speedy resolution of disputes is shared between the court and parties. Rule 48 concerns the court control of proceedings. Meanwhile, Rule 49 sets out the court's general duty of active case management, which is part of the principle of co-operation. All European jurisdictions' procedural codes employ court orders or court directions as a means of communication between the court and parties in order to facilitate effective case management as provided in Rules 48 and 49. The process of rendering court orders under Rule 50 is intended to ensure that management under these Rules is carried out effectively and with sufficient respect for the parties' right to be heard.

2018 ◽  
Vol 19 (2) ◽  
Author(s):  
Elisângela Simon Caureo

Sommario: 1. Introduzione. -2. Case management: il concetto. - 3. Pre-trial e discovery. – 4. Caratteristiche del Case management. 5.- L’importanza della fase preparatoria. – 6. La sommarizzazione e la cognizione piena. – 7. Active case management nel diritto italiano. 8. La questione dei costi del processo. – 9. Conclusioni.Parole-chiave: Case management. Sommarizzazione. Costi del processo. Procedura Civile. Discovery. Tendenze della procedura civile. Abstract: This paper commence by reflecting upon some introductory notions of case management, disclosure, discovery and the most actual tendencies in Procedural law, next it will reflect upon the effects of Lord Wolf Reform to the civil procedure worldwide.  It will also analise the role of the preparatory fase in the civil procedure and the possible role of case management in Italy. Keywords: Case management.  Litigation costs. Procedural law. Discovery. Disclosure. Procedural Law tendencies.  


Author(s):  
E. L. Augustine–D ’israel ◽  
A. E. Abah ◽  
E. O. Onosakponome

Background: Monitoring of malaria infection and antimalarial drug efficacy is necessary for effective case management, detection of resistance and control of the disease. Objective: The aim of this study was to assess malaria infection and the efficacy of antimalarials among persons patronizing drugstores for malaria treatment in Port Harcourt and its environs, Rivers State, Nigeria. Materials and Methods: Whole blood was randomly collected from individuals visiting 24 drug stores for malaria treatment in three different locations in Port Harcourt and analysed using both microscopy and rapid diagnostic techniques. Results: The overall prevalence of 22.8% was recorded out of 633 participants for (P. falciparum) malaria. Infection was highest in Mile IV (Rumueme) 30.8% followed by Rumuosi, 23.1% and the least was D/Line area, 14.5% out of 221 participants per location respectively. The incidence of malaria in the study area was significantly different (X2 = 16.69; p = 0.001). There was no significant difference in the intensity of malaria parasite infection in the study areas. Seven types of drugs were purchased to treat perceived malaria. 177 (26.7%) participants purchased coatem, 187 (28.3%) purchased Lonart. The others were Lumartem 133 (20.1%), P.alaxin 83 (12.5%), Amarla by 19 (2.9%) and artesunate by 57 (8.6%). All the antimalarial were purchased by those that tested positive. The most purchased drug was Lonart 11 (34.37%), Lumartem 25 (36.8%) and Malareich 19 (31.3%) in D/Line, Mile IV and Rumuosi cluster areas respectively. There was a significant difference in the antimalarials purchased. Result of Follow up test shows that only 59.6% returned to be tested and they all tested negative. Conclusion: Malaria preponderance was high among studied subjects, ACT was topmost among antimalarials regularly purchased by the individuals. Conformity to the use of ACT could be said to be impressive though not yet 100%. People who are treated for malaria should be encouraged to undergo a test after treatment for effective case management and detection of resistance.


Amicus Curiae ◽  
2020 ◽  
Vol 1 (3) ◽  
pp. 389-417
Author(s):  
Michael Reynolds

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.


Author(s):  
John Sorabji

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.


2020 ◽  
pp. 219-238
Author(s):  
Lucilla Macgregor ◽  
Charlotte Peacey ◽  
Georgina Ridsdale

This chapter considers the way in which the court ‘actively manages’ cases. All disputed cases are subject to a level of court management and enforcement of its directions orders. The chapter provides an understanding of the time at which active case management commonly occurs. It explains the ethos of case management, allocation (to track), and case management directions through the tracks. It discusses the ways in which the court will seek to ensure that its orders for the management of a case are complied with.


Author(s):  
Stuart Sime

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.


2020 ◽  
Vol 23 (2) ◽  
Author(s):  
Rangsima Lolekha ◽  
Patcharaporn Pavaputanon ◽  
Thanyawee Puthanakit ◽  
Michael Martin ◽  
Pope Kosalaraksa ◽  
...  

2018 ◽  
Vol 2 (1) ◽  
Author(s):  
Geneva L. Fleming

The term navigation has become the new “buzz” word for assisting individuals in their shift from one situation in life, to another. The process and service delivery of navigation is useful for helping individuals, families and communities achieve their goals. Navigation service is especially beneficial in helping persons manage their health and biopsychosocial needs, including mental health. Whether it is helping a person transition from mental illness to mental health, or assisting a student in their career development, having someone with the proper knowledge and skills to help navigate that process can be advantageous. This article will identify and describe the five essential components of effective case management and its application to the navigation process. It will also state some important interviewing skills that can enhance the practitioner-client relationship during the navigation case management process.


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