scholarly journals The new Civil Procedure Rules. 2. Part 35 provisions and their implications

2000 ◽  
Vol 6 (3) ◽  
pp. 219-225 ◽  
Author(s):  
Keith Rix
Keyword(s):  
Dispute Resolution ◽  
Best Practice ◽  
Civil Procedure ◽  
Previous Article ◽  
Medical Expert ◽  
England And Wales ◽  
Draft Code

The previous article (Rix, 2000) in this series described the process of dispute resolution and litigation under the new Civil Procedure Rules, which have now been implemented in England and Wales following the recommendations of Lord Woolf. The purpose of this article is to provide detail of the provisions of ‘Part 35: Experts and Assessors' and examine the accompanying practice direction, the pre-action protocols, the ‘Draft Protocol of Best Practice in the Instruction and Use of Experts' and the ‘Draft Code of Guidance for Experts and Assessors' as they relate to the role of the medical expert.

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.

Mediation and Alternative Dispute Resolution

2021 ◽  
pp. 470-491
Author(s):  
Edwin Glasgow QC ◽  
Marion Smith QC
Keyword(s):  
Dispute Resolution ◽  
Construction Industry ◽  
Alternative Dispute Resolution ◽  
Standard Form ◽  
Civil Procedure ◽  
England And Wales ◽  
Industry Standard ◽  
The World ◽  
The Uk ◽  
Resolution Processes

This chapter focuses on alternative dispute resolution (ADR), which is used as a collective description of various methods of resolving disputes other than through the formal adversarial processes of litigation or arbitration. It emphasizes how ADR is now recognized in construction industry standard form contracts that provide for dispute resolution processes. It also mentions courts in the UK and throughout the world that support and actively encourage ADR, specifically in England and Wales that includes ADR as part of the Civil Procedure Rules (CPR). This chapter considers the use of ADR to assist in resolving disputes in the construction industry. It concentrates on mediation but also looks at negotiation and early neutral evaluation.

The role of the judge in civil litigation in the 19th century: Case-management avant la lettre in Geneva, The Netherlands and Belgium

2007 ◽  
Vol 75 (2) ◽  
pp. 189-198
Author(s):  
C.H. van Rhee
Keyword(s):  
The Netherlands ◽  
Case Management ◽  
Present Article ◽  
19Th Century ◽  
Civil Procedure ◽  
Civil Litigation ◽  
Party Autonomy ◽  
Draft Code ◽  
The 19Th Century

AbstractThe present article discusses the powers of the judge in civil litigation in three jurisdictions that have been influenced by the French Code of Civil Procedure (1806). It shows that in the 19th century these jurisdictions adopted French law but at the same time tried to reduce party autonomy by increasing the judge's directive powers. This approach was most successful in Geneva. In The Netherlands, changes in the judge's position were less pronounced, whereas a 19th century Belgian draft code, which contained a number of measures that would have increased the judge's case-management powers, was not adopted in practice.

Civil Litigation 2019-2020

2019 ◽  
Author(s):  
Susan Cunningham-Hill ◽  
Karen Elder
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Best Practice ◽  
Codes Of Conduct ◽  
Civil Procedure ◽  
Civil Litigation ◽  
Legal Services ◽  
Professional Conduct ◽  
Practical Guide ◽  
Practical Guidance

Civil Litigation introduces the processes and procedures involved in making and defending civil litigation claims. Following the chronological progression of a civil litigation claim, the volume offers practical guidance on advising clients whilst ensuring that the principles of the Solicitors’ Regulation Authority Handbook which includes the Codes of Conduct for firms and for solicitors. This edition includes commentary and detail of the new rules of conduct that were approved by the Legal Services Board in November 2018. A part of the new Handbook (the Handbook) came into force in December 2018—the SRA Transparency Rules—and the remaining sections are expected to be fully in force in April 2019. Diagrams at the beginning of chapters make clear the way in which the litigation procedure works and help with the understanding of the nature of the process as a whole. Examples provide a realistic context for learning, while issues of cost, best practice, and professional conduct are clearly highlighted. Alternative dispute resolution is given appropriate practical emphasis, and references to the Civil Procedure Rules throughout make sure that students are ready for life in practice. This edition has been revised to reflect the most up-to-date law and practice in all aspects of litigation practice. In addition to the chapters highlighted below, there are additional chapters online on injunctions and other equitable remedies, a practical guide to court hearings, instructing counsel, and enforcement of judgments.

22 Alternative Dispute Resolution

2019 ◽  
Author(s):  
Brealey Mark ◽  
George Kyla
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Civil Procedure ◽  
Mediation Process ◽  
Cross Border ◽  
Practical Guidance ◽  
Mediation Agreement

This chapter examines the use of alternative dispute resolution (ADR) for resolving competition-related disputes. It first provides an overview of the benefits of mediation as a means of resolving competition disputes and how ADR is encouraged in competition litigation. It then considers the relevant ADR provisions in the Civil Procedure Rules 1998 (CPR) and in the Competition Appeal Tribunal (CAT) Rules, before discussing cross-border mediations and how disputes are mediated and regulated. It also offers practical guidance on when to mediate, choosing a mediator, the typical stages of a mediation process, the role of a mediation agreement, and the implications of mediation confidentiality. Finally, it explains the specific provisions relating to voluntary redress schemes, a form of ADR.

Civil Litigation 2018-2019

2018 ◽  
Author(s):  
Susan Cunningham-Hill ◽  
Karen Elder
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Best Practice ◽  
Code Of Conduct ◽  
Civil Procedure ◽  
Civil Litigation ◽  
Professional Conduct ◽  
Practical Guide ◽  
Practical Guidance ◽  
The Way

Civil Litigation introduces the processes and procedures involved in making and defending civil litigation claims. Following the chronological progression of a civil litigation claim, the volume offers practical guidance on advising clients whilst ensuring that the principles of the Solicitors’ Regulation Authority Handbook and Code of Conduct 2011 are maintained. Diagrams at the beginning of chapters make clear the way in which the litigation procedure works and help with the understanding of the nature of the process as a whole. Examples provide a realistic context for learning, while issues of cost, best practice, and professional conduct are clearly highlighted. Alternative dispute resolution is given appropriate practical emphasis, and references to the Civil Procedure Rules throughout make sure that students are ready for life in practice. This edition has been revised to reflect the most up-to-date law and practice in all aspects of litigation practice. In addition to the chapters highlighted below, there are additional chapters online on injunctions and other equitable remedies, a practical guide to court hearings, instructing counsel, and enforcement of judgments.

Civil Litigation

2021 ◽  
Author(s):  
Lucilla Macgregor ◽  
Charlotte Peacey ◽  
Georgina Ridsdale
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Best Practice ◽  
Codes Of Conduct ◽  
Civil Procedure ◽  
Civil Litigation ◽  
Legal Services ◽  
Professional Conduct ◽  
Practical Guide ◽  
Practical Guidance

Civil Litigation introduces the processes and procedures involved in making and defending civil litigation claims. Following the chronological progression of a civil litigation claim, the volume offers practical guidance on advising clients whilst ensuring that the principles of the Solicitors’ Regulation Authority Handbook, which includes the Codes of Conduct for firms and for solicitors, are followed. This edition includes commentary and detail of the new rules of conduct that were approved by the Legal Services Board in November 2018. A part of the new Handbook (the Handbook) came into force in December 2018—the SRA Transparency Rules—and the remaining sections came into force in April 2019. Diagrams at the beginning of chapters make clear the way in which the litigation procedure works and help with the understanding of the nature of the process as a whole. Examples provide a realistic context for learning, while issues of cost, best practice, and professional conduct are clearly highlighted. Alternative dispute resolution is given appropriate practical emphasis, and references to the Civil Procedure Rules throughout make sure that students are ready for life in practice. This edition has been revised to reflect the most up-to-date law and practice in all aspects of litigation practice. In addition to the chapters highlighted below, there are additional chapters online on injunctions and other equit-able remedies, a practical guide to court hearings, instructing counsel, and enforcement of judgments.

Civil Litigation 2017-2018

2017 ◽  
Author(s):  
Susan Cunningham-Hill ◽  
Karen Elder
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Best Practice ◽  
Code Of Conduct ◽  
Civil Procedure ◽  
Civil Litigation ◽  
Professional Conduct ◽  
Practical Guide ◽  
Online Resource ◽  
Practical Guidance

Civil Litigation introduces the processes and procedures involved in making and defending civil litigation claims. Following the chronological progression of a civil litigation claim, the volume offers practical guidance on advising clients whilst ensuring that the principles of the SRA Handbook and Code of Conduct 2011 are maintained. Diagrams at the beginning of chapters make clear the way in which the litigation procedure works and help with the understanding of the nature of the process as a whole. Examples provide a realistic context for learning, while issues of cost, best practice, and professional conduct are clearly highlighted. Alternative dispute resolution is given appropriate practical emphasis, and references to the Civil Procedure Rules throughout make sure that students are ready for life in practice. This edition has been revised to reflect the most up to date law and practice in all aspects of litigation practice. It also contains a new chapter on assessment of cost proceedings. An additional chapter on the Online Resource Centre provides a practical guide to court hearings.

Civil Litigation 2020-2021

2020 ◽  
Author(s):  
Lucilla Macgregor ◽  
Charlotte Peacey ◽  
Georgina Ridsdale
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Best Practice ◽  
Codes Of Conduct ◽  
Civil Procedure ◽  
Civil Litigation ◽  
Legal Services ◽  
Professional Conduct ◽  
Practical Guide ◽  
Practical Guidance

Civil Litigation introduces the processes and procedures involved in making and defending civil litigation claims. Following the chronological progression of a civil litigation claim, the volume offers practical guidance on advising clients whilst ensuring that the principles of the Solicitors’ Regulation Authority Handbook which includes the Codes of Conduct for firms and for solicitors. This edition includes commentary and detail of the new rules of conduct that were approved by the Legal Services Board in November 2018. A part of the new Handbook (the Handbook) came into force in December 2018—the SRA Transparency Rules—and the remaining sections are expected to be fully in force in April 2019. Diagrams at the beginning of chapters make clear the way in which the litigation procedure works and help with the understanding of the nature of the process as a whole. Examples provide a realistic context for learning, while issues of cost, best practice, and professional conduct are clearly highlighted. Alternative dispute resolution is given appropriate practical emphasis, and references to the Civil Procedure Rules throughout make sure that students are ready for life in practice. This edition has been revised to reflect the most up-to-date law and practice in all aspects of litigation practice. In addition to the chapters highlighted below, there are additional chapters online on injunctions and other equitable remedies, a practical guide to court hearings, instructing counsel, and enforcement of judgments.

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