I Won’t See You in Court! Mediation, arbitration and the nonjudicial resolution of estate and trust disputes

2020 ◽  
Vol 26 (1) ◽  
pp. 92-99
Author(s):  
Lyat Eyal ◽  
Susanna von Bassewitz
Keyword(s):  
Court Cases ◽  
Court Proceedings ◽  
Court Mediation

Abstract This article will summarize the provisions of the Arbitration Law 1968 (the “Arbitration Law”), the Courts Regulations (Mediation) 1993 (the “Mediation Regulations”) and a few court cases involving prominent families for which information is publicly available. In addition, the article will discuss the availability of out-of-court proceedings in trust disputes.

Psychiatrists acting as expert witnesses – are they confident?

2014 ◽  
Vol 16 (4) ◽  
pp. 304-311
Author(s):  
Rohit Gumber ◽  
John Devapriam ◽  
David Sallah ◽  
Sayeed Khan
Keyword(s):  
Online Survey ◽  
Expert Witness ◽  
Continuing Professional Development ◽  
Well Being ◽  
Expert Witnesses ◽  
Court Cases ◽  
Or Education ◽  
Content Type ◽  
Court Proceedings ◽  
Training Opportunities

Purpose – The purpose of this paper is to ascertain the current competencies and training needs for being an expert witness of trainees (CT3, ST4-6) and career grade psychiatrists (consultants and staff grade, associate specialist and specialty doctors) in a UK health and well-being Trust. Design/methodology/approach – This was completed through an online survey, developed by the authors, of all career grade and trainee psychiatrists within the Trust. Findings – Only 9 per cent of respondents reported that they felt they had adequate training to feel competent as an expert witness. Despite low levels of training and confidence, 73 per cent of respondents had written an expert report. As well as shortage of training opportunities for psychiatrics acting as expert witnesses, the findings indicated increasing fear of litigation and lack of direct experience of court proceedings during training. Practical implications – Doctors need to be offered formal training opportunities including simulated training, ideally organised within Trust, Continuing Professional Development (CPD) committees or Education committees. Implementation of the RCPsych report guidance into speciality curricula and CPD opportunities for doctors would ensure a robust curriculum-based delivery of these essential skills. Originality/value – A wealth of guidance is available for expert witnesses, but no previous study had identified the specific training issues and overall confidence in competency to act as an expert witness amongst psychiatrists. It will be valuable to all psychiatrists involved in court work and organisations involved in training psychiatrists, especially in light of recent relevant court cases and removal of expert witness immunity.

scholarly journals Glosa do postanowienia Wojewódzkiego Sądu Administracyjnego w Białymstoku z dnia 28 czerwca 2019 r. (II SAB/Bk 43/19, LEX nr 2686855)

2019 ◽  
Vol 28 (2) ◽  
pp. 157
Author(s):  
Adrian Niewęgłowski ◽  
Marek Konstankiewicz
Keyword(s):  
Waste Paper ◽  
Court Cases ◽  
Archival Material ◽  
The Status ◽  
Court Proceedings

<p>The decision of the Voivodeship Administrative Court in Białystok concerns the rules for handling the documentation of court cases, which, after a certain period of time, the court archive no longer has to be kept by the court. If such documentation does not have the status of archival material, it is allocated to waste paper (i.e. to be destroyed). The problem which the ruling concerns is the question of whether the files of court cases to be destroyed can be handled differently, in particular whether they can be sold to one of the parties to the court proceedings. The authors consider the above issue through the prism of binding regulations in the field of archival law.</p>

The Lawyer's Role at Intake and Detention Stages of Juvenile Court Proceedings

1965 ◽  
Vol 11 (2) ◽  
pp. 167-174
Author(s):  
Margaret K. Rosenheim ◽  
Daniel L. Skoler
Keyword(s):  
Juvenile Court ◽  
Careful Analysis ◽  
Considerable Importance ◽  
Court Cases ◽  
Defense Counsel ◽  
Major Stage ◽  
Court Proceedings ◽  
Special Defense ◽  
Court Process

The coming increase in attorney representation of children in juvenile court cases requires careful analysis of the lawyer's role at each major stage of the juvenile court process. Intake and detention are preliminary stages of considerable importance, in volving determinations as to which cases shall be referred for formal disposition and which cases require secure custody of the child pending hearing. Lawyers can play both traditional and special "defense counsel" roles in these stages.

scholarly journals ORDER FOR PAYMENT PROCEDURE IN AUSTRIA AND UKRAINE: COMPARATIVE STUDY

2019 ◽  
pp. 10-14
Author(s):  
H.-Ch. Boschainen-Duursma ◽  
I. Izarova
Keyword(s):  
Court Cases ◽  
Court Order ◽  
Council Of Europe ◽  
Simplified Models ◽  
Rights Protection ◽  
Procedure Code ◽  
Small Claims ◽  
Court Proceedings ◽  
Procedural Rights ◽  
Further Development

One of the main tendencies in the reform of procedural legislation over the last decades remains ensuring the effective rights protection through the simplification and speeding up of court proceedings in civil matters. The abovementioned ideas have repeatedly been reflected in the final reports of scientific projects, in the recommendations of the Committee of Ministers of the Council of Europe, and have been implemented at the European Union's level in Regulations of Small Claims Procedure and Order for Payment Procedure, as well as to some extent during the reforms of the national legislation of many European countries. Otherwise, the Summarisches Aktenverfahren of Austria is fairly recognized as one of the most successful simplified models for debt recovering within many different countries. Therefore, it seems to be a just base for comparing with the Ukrainian model for the order for payment procedure, which has been amended a lot in the new edition of the Civil Procedure Code 2017. In light of the abovementioned, this article deals with a comparative legal study of the order for payment procedure in Austria and Ukraine, in particular, the grounds and peculiarities of the automated procedure for issuing a court order, as well as the grounds and procedure for transferring the application from simplified to general litigation. The conclusions are drawn regarding the possibility of borrowing the best European practice, in particular, Austrian automative procedure of court order issuing, and further development of the procedural legislation of Ukraine. The author also highlights the necessity of the differentiation of the grounds for order for payment issuing for minimizing the court cases in general and the additional responsibility for the abusing the procedural rights through automatized or electronic order for payment procedure to prevent the violation the rights as Missbrauch des Mahnverfahrens example.

The Bentham Unit: A pilot remand and assessment service for male mentally disordered remand prisoners

1997 ◽  
Vol 170 (5) ◽  
pp. 456-461 ◽  
Author(s):  
Kevin Murray ◽  
Akintunde Akinkunmi ◽  
Martin Lock ◽  
Rosslyn Brown
Keyword(s):  
Rapid Assessment ◽  
Clinical Problem ◽  
Pilot Project ◽  
First Year ◽  
Court Cases ◽  
North West ◽  
Mentally Disordered ◽  
Assessment Time ◽  
Court Proceedings ◽  
Resource Issue

BackgroundBecause of continuing concern regarding the inadequacy of existing NHS provision for mentally disordered remand prisoners, the Bentham Unit was commissioned as a pilot project to provide rapid assessment and, where appropriate, hospital admission for such prisoners from the former North West Thames catchment area.MethodInformation is presented on the 150 referrals and 62 admissions in the first year of the service's operation.ResultsThe service met the Reed Report targets for assessment time. Most of those referred were previously known to psychiatric services. The alleged offences were more serious than anticipated. Those admitted were transferred to appropriate services of the conclusion of their court cases, and remained in contact with services three months later. Waiting for the conclusion of court proceedings significantly prolonged the length of stay. Substantial cost transfers from the criminal justice system to the health system were evident.ConclusionsAdequate services for mentally disordered remand prisoners are entirely achievable; provision of such services is a resource issue, not a clinical problem.

scholarly journals Updating the range of problems within legal risks in healthcare through the analysis of judicial practice

2021 ◽  
Vol 108 ◽  
pp. 01014
Author(s):  
Maksim Gennadievich Sveredyuk
Keyword(s):  
Professional Education ◽  
Educational Institution ◽  
Sociological Research ◽  
Court Cases ◽  
Medical Organization ◽  
Judicial Practice ◽  
Legal Risks ◽  
Court Proceedings ◽  
The Impact ◽  
Practical Recommendations

The identification and assessment of risk factors are facilitated by law administration and enforcement. Decisions of the judicial authorities constitute one of the directions. In this regard, first, the analysis and generalization of judicial practice show the range of problems of various aspects of activities, and second, it allows forming a model of suppressing or minimizing legal risks. Sociological research conducted from 2008 to 2020 by the Department of Healthcare Organization and Medical Law of the Regional State Budgetary Educational Institution of Additional Professional Education “Institute for Advanced Training of Healthcare Professionals” (Khabarovsk) revealed that these specialists had no idea about the number of litigations in so-called “medical cases”, or about the amounts recovered on claims of patients to medical organizations of the Khabarovsk Territory. Meanwhile, having information on the quantitative and summary indicators of court cases, it is possible to adjust interaction with patients at both pretrial and trial stages. The study aimed to analyze and summarize judicial practice in these cases, to selectively examine defects that served as the basis for filing claims and had an impact on the amounts recovered, as well as to form practical recommendations for the prevention of legal risks in the activities of a medical organization, based on a regional model. The relevance of the problem of legal risks of medical activity is shown from the standpoint of analysis and generalization of judicial practice. The article provides a statistical analysis of court proceedings on claims of patients for compensation for material damage and moral harm to medical organizations subordinate to the Ministry of Health of the Khabarovsk Territory. A selective examination of the claims of patients is executed considering the impact on the reasons for legal recourse and the total amount recovered. Practical recommendations for regional healthcare institutions are annually formed and approved by the Minister of Health of the Khabarovsk Territory based on the results of the study.

scholarly journals Summary Prosedures and Optimization of Commercial Court Proceedings in Russia

2019 ◽  
Vol 6 (2) ◽  
pp. 108-131
Author(s):  
S. Nikitin ◽  
M. Patsatsiya
Keyword(s):  
International Experience ◽  
Statistical Information ◽  
Court Cases ◽  
Court System ◽  
Legal Proceedings ◽  
Civil Process ◽  
Procedural Law ◽  
Court Proceedings ◽  
Commercial Courts

This article deals with the problems involved in implementing simplified forms of legal proceedings in the Russian civil process, which is one of the important directions for optimizing commercial court proceedings. The study is largely based on the analysis of previously unpublished statistical information on the commercial courts of three districts for the period of 2016–2018, showing the results of their procedural activities in the framework of the procedures of simplified and writ proceedings in the context of court data of the commercial court system as a whole. The obtained results are highlighted taking into account domestic, foreign and international experience, doctrinal approaches and the existing need for the optimization of commercial court proceedings. The authors substantiate the conclusion that the consideration of cases in the procedures of simplified production facilitates significantly reducing the caseload burden on the commercial courts of first instance, both by simplifying the procedures for the consideration of these cases and by drawing up judicial acts on them. The article formulates proposals for the development of the current commercial procedural law, in particular the proposal to unify the procedural order of commercial court cases on the recovery of compulsory payments and sanctions. It further proposes possible variants of such unification.

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