‘General ideas’ and the reform of civil procedure

Legal Studies ◽  
1983 ◽  
Vol 3 (3) ◽  
pp. 295-314
Author(s):  
J. A. Jolowicz
Keyword(s):  
Civil Procedure ◽  
Royal Commission ◽  
Legal Services ◽  
High Court ◽  
Administration Of Justice ◽  
Civil Courts ◽  
Court Of Appeal

It was not within the terms of reference of the Royal Commission on Legal Services to bring under review either procedure or the administration of justice. Nevertheless, the Commission received so much evidence on these subjects that it saw fit to publish a summary of that evidence and to recommend that ‘a full appraisal of procedure and the operation in practice of our system of justice, in particular in all civil courts’ should be carried out. Since then, the Committee on Procedure and Practice in the Chancery Division has reported, its recommendations have been largely implemented, and numerous changes of practice in the High Court and the Court of Appeal have been introduced by rule of court and practice direction.

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.

Law Reporting in the Sudan

1959 ◽  
Vol 3 (3) ◽  
pp. 176-178 ◽  
Author(s):  
W. L. Twining
Keyword(s):  
Leaf Form ◽  
High Court ◽  
Good Conscience ◽  
English Law ◽  
Set Up ◽  
Civil Courts ◽  
Court Of Appeal ◽  
Selection Of

The first volume of the Sudan Law Journal and Reports has at last appeared. Its publication marks the culmination of over thirty years of spasmodic agitation for an adequate system of law reporting of cases decided in the Civil Courts2 of a country which has been receiving English law under the guise of “justice, equity and good conscience” since 1900.3 In 1926 a Digest of the Decisions of the Court of Appeal of the Sudan was published, containing notes on a selection of some eighty cases decided between 1915 and 1926. It was intended that the Digest should be brought up to date annually, but in fact this was not done, and the next period covered is from January 1st, 1953, to June 30th, 1954, in a Digest of Cases in the Court of Appeal and High Court, prepared by Mr. Justice Stanley-Baker. In 1954 the first eleven judgments of the Sudan Court of Criminal Appeal, set up in 1949, were reported and published in loose-leaf form, the intention being to report and print each decision immediately after its delivery. This was done with two cases.

International Court of Justice

1952 ◽  
Vol 6 (3) ◽  
pp. 428-429 ◽  
Keyword(s):  
United Kingdom ◽  
Ad Hoc ◽  
International Court Of Justice ◽  
High Court ◽  
The United Kingdom ◽  
Court Of Justice ◽  
International Obligation ◽  
International Court ◽  
Administration Of Justice ◽  
Court Of Appeal

Ambatielos Case: When oral proceedings in the preliminary objection in the Ambatielos Case opened on May 15, as announced, the President of the Court stated that the Greek government had designated an ad hoc judge in the person of Mr. Jean Spiropoulos. Sir Eric Beckett, counsel for the United Kingdom, stated that, in spite of the United Kingdom's contention that the jurisdiction of the Court should be accepted as widely as possible by states, it felt bound to contest the jurisdiction of the Court in the case under consideration because: 1) the dispute related to facts occurring before 1930 when the United Kingdom first accepted the Optional Clause; 2) it considered the claim of denial of justice completely unfounded on the merits; 3) it considered it clear that municipal remedies had not been exhausted; and 4) no claim of any denial of justice or other breach of an international obligation was made until 1933, ten years after the events and eight years after a refusal of a request ex gratia in which it had been admitted that no legal claim could be made. Sir Eric explained that the United Kingdom, although it took the preliminary objection that the Court had no jurisdiction, had filed a comprehensive counter-memorial on the merits of the case in order that the Greek government's aspersions on the administration of justice in the English High Court and Court of Appeal should not appear on the record unrefuted. Further, the United Kingdom denied that the terms of the 1886 or 1926 treaties (or the declaration appended to the latter) between the two governments lent any support to the Greek government's claims on behalf of Mr. Ambatielos.

A Note on Mandela v Executors, Estate Nelson Mandela 2018 (4) SA 86 (SCA) and the Conundrum around the Customary Marriage between Nelson and Winnie Mandela

2019 ◽  
Vol 34 (2) ◽  
Author(s):  
Sipho Stephen Nkosi
Keyword(s):  
Supreme Court ◽  
The State ◽  
The Other ◽  
Customary Law ◽  
Eastern Cape ◽  
High Court ◽  
Nelson Mandela ◽  
The Supreme Court ◽  
Court Of Appeal

The note is about the appeal lodged by the late Mrs Winnie Madikizela-Mandela to the SCA against the decision of the Eastern Cape High Court, Mthatha, dismissing her application for review in 2014. In that application, she sought to have reviewed the decision of the Minister of Land Affairs, to transfer the now extended and renovated Qunu property to Mr Mandela and to register it in his name. Because her application was out of time, she also applied for condonation of her delay in making the application. The court a quo dismissed both applications with costs, holding that there had been an undue delay on her part. Mrs Mandela then approached the Supreme Court of Appeal, for special leave to appeal the decision of the court a quo. Two questions fell for decision by the SCA: whether there was an unreasonable and undue delay on Mrs Mandela’s part in instituting review proceedings; and whether the order for costs was appropriate in the circumstances of the case. The SCA held that there was indeed an unreasonable delay (of seventeen years). Shongwe AP (with Swain, Mathopo JJA, Mokgothloa and Rodgers AJJA concurring) held that the fact that there had been an undue delay does not necessarily mean that an order for costs should, of necessity, particularly where, as in this case, the other litigant is the state. It is the writer’s view that two other ancillary points needed to be raised by counsel and pronounced on by the Court: (a) the lawfulness and regularity of the transfer of the Qunu property to Mr Mandela; and (b) Mrs Mandela’s status as a customary-law widow—in relation to Mr Mandela.

scholarly journals L'inconstitutionnalité des pouvoirs du protonotaire spécial

2005 ◽  
Vol 22 (2) ◽  
pp. 429-454
Author(s):  
Serge Bouchard ◽  
Marie-Michèle Lavigne ◽  
Pascal Renauld
Keyword(s):  
Case Law ◽  
Civil Procedure ◽  
District Court ◽  
Privy Council ◽  
Labour Relations ◽  
Court Judge ◽  
Administration Of Justice

The office of special prothonotary was created in 1975 by an amendment to the Code of Civil Procedure. The main purpose of the change was to ease the administration of justice before the courts. For this reason, the special prothonotary received many assignments which were reserved until then to a judge sitting in chambers and even to the court itself. Such transfer of duties and powers may conflict with section 96 of the BNA Act, which acts as a bar to prevent the withdrawal of judicial functions from a superior, county or district court. This paper deals with the interferences between various sections of the Code of Civil Procedure and section 96 of the BNA Act. The first part of the paper deals with the approach adopted by the courts. The true test, according to the case-law, is to determine the nature of the function involved. Since only judicial functions are protected by section 96, it is intravires the Legislature of Quebec to confer on a board or tribunal administrative or ministerial powers. If the transfer involves judicial functions, the courts will use the test adopted by the Privy Council in Labour Relations Board of Saskatchewan v. John East Iron Works and by Sir Lyman Duff in In re Adoption Act, and examine whether the transferee is analogous to a superior, district or county court. The courts will also have to apply the « 1867 statute books test » : was the particular function conferred to the prothonotary before 1867 ? If the results of each of the two tests are affirmative, then the function is one protected by section 96 of the BNA Act and its transfer is ultra vires the provincial Legislature. If the results are negative, the courts will examine if the provisions involved have the effect of vesting in the special prothonotary the powers of a superior court judge. If the courts conclude that it is so, then, the assignment is ultra vires the powers of the provincial Legislature. The second part deals with each of the assignments transferred to the special prothonotary. These are threefold in nature: 1. Actions by default to appear or by default to plead under article 195 C.C.P. ; 2. Jurisdiction under article 44.1(1) C.C.P. ; 3. Interlocutory or incidental proceedings, contested or not, but, if so, with the consent of the parties. The paper concludes that most of the provisions dealing with the duties and powers of the special prothonotary are unconstitutional

APPEAL AND COMPLAINT IN CIVIL PROCEEDINGS AFTER THE CHANGES MADE BY THE ACT OF JULY 4, 2019. – SELECTED ISSUES

2020 ◽  
Vol 4 (XX) ◽  
pp. 181-201
Author(s):  
Mariusz Śladkowski
Keyword(s):  
Civil Procedure ◽  
Fair Trial ◽  
Legal Regulations ◽  
Civil Proceedings ◽  
Civil Cases ◽  
Civil Courts

One of the most important changes to the legal regulations in 2019 is the reform of the civil procedure introduced by the Act of July 4, 2019 amending the Act - Code of Civil Procedure and certain other acts. One of the most important goals of this reform was to improve the implementation of the civil right to a fair trial. According to the authors of the reform, the existing solutions in terms of the manner of conducting civil proceedings have worked well under conditions of a relatively low burden on civil courts. Nowadays, when the number of civil cases is gradually increasing, the legislator’s efforts are required that will realistically simplify and accelerate the proceedings in these cases. As part of the amendment in question, two far-reaching changes were made to two means of appeal, basic for civil proceedings, i.e. an appeal and a complaint

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