Judicial Experiments in Caseflow Management 1920-1970

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.

Download Full-text

Compliance Problems and Digitizing Case Management in England and Wales

Principles, Procedure, and Justice ◽

10.1093/oso/9780198850410.003.0008 ◽

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.

Download Full-text

15. The civil process

English Legal System ◽

10.1093/he/9780198853800.003.0015 ◽

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.

Download Full-text

15. The civil process

English Legal System ◽

10.1093/he/9780198808152.003.0015 ◽

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.

Download Full-text

Emergency Medicine Palliative Care Access (EMPallA): protocol for a multicentre randomised controlled trial comparing the effectiveness of specialty outpatient versus nurse-led telephonic palliative care of older adults with advanced illness

BMJ Open ◽

10.1136/bmjopen-2018-025692 ◽

2019 ◽

Vol 9 (1) ◽

pp. e025692 ◽

Cited By ~ 3

Author(s):

Corita R Grudzen ◽

Deborah J Shim ◽

Abigail M Schmucker ◽

Jeanne Cho ◽

Keith S Goldfeld

Keyword(s):

Quality Of Life ◽

Older Adults ◽

Palliative Care ◽

Randomised Controlled Trial ◽

Case Management ◽

Controlled Trial ◽

Chronic Obstructive ◽

Randomised Controlled ◽

End Stage

IntroductionEmergency department (ED)-initiated palliative care has been shown to improve patient-centred outcomes in older adults with serious, life-limiting illnesses. However, the optimal modality for providing such interventions is unknown. This study aims to compare nurse-led telephonic case management to specialty outpatient palliative care for older adults with serious, life-limiting illness on: (1) quality of life in patients; (2) healthcare utilisation; (3) loneliness and symptom burden and (4) caregiver strain, caregiver quality of life and bereavement.Methods and analysisThis is a protocol for a pragmatic, multicentre, parallel, two-arm randomised controlled trial in ED patients comparing two established models of palliative care: nurse-led telephonic case management and specialty, outpatient palliative care. We will enrol 1350 patients aged 50+ years and 675 of their caregivers across nine EDs. Eligible patients: (1) have advanced cancer (metastatic solid tumour) or end-stage organ failure (New York Heart Association class III or IV heart failure, end-stage renal disease with glomerular filtration rate <15 mL/min/m2, or global initiative for chronic obstructive lung disease stage III, IV or oxygen-dependent chronic obstructive pulmonary disease); (2) speak English; (3) are scheduled for ED discharge or observation status; (4) reside locally; (5) have a working telephone and (6) are insured. Patients will be excluded if they: (1) have dementia; (2) have received hospice care or two or more palliative care visits in the last 6 months or (3) reside in a long-term care facility. We will use patient-level block randomisation, stratified by ED site and disease. Effectiveness will be compared by measuring the impact of each intervention on the specified outcomes. The primary outcome will measure change in patient quality of life.Ethics and disseminationInstitutional Review Board approval was obtained at all study sites. Trial results will be submitted for publication in a peer-reviewed journal.Trial registration numberNCT03325985; Pre-results.

Download Full-text

Saphenous vein stripping and quality of outcome

British Journal of Surgery ◽

10.1002/bjs.1800840351 ◽

1997 ◽

Vol 84 (3) ◽

pp. 424-425 ◽

Cited By ~ 3

Author(s):

H. Thomson ◽

J. J. Bergan

Keyword(s):

Saphenous Vein ◽

Quality Of Outcome

Download Full-text

Evaluation of an Automated Reminder System for Reducing Missed MRI Appointments

10.21203/rs.3.rs-956825/v1 ◽

2021 ◽

Author(s):

James Kenniff ◽

Daniel Thomas Ginat

Keyword(s):

Quality Of Service ◽

High Frequency ◽

Healthcare Providers ◽

Reminder Systems ◽

Missed Appointments ◽

Reminder System ◽

Appointment Attendance ◽

Before And After ◽

Quality Of Outcome

Abstract Background The high frequency of missed appointments continues to be a burden to healthcare providers, leading to decreased productivity, quality of service, and quality of outcome. The purpose of this study is to evaluate the effectiveness of Televox’s automated appointment reminder service in reducing the missed appointment rate. Televox appointment reminders were implemented at three of five locations in October 2018, and the total and no-show numbers were summed across those locations for each month to calculate monthly missed appointment rates. T-tests were used to compare the missed appointment rate before and after October for four groups, locations with or without Televox implementation, in 2018 or 2019. Results An insignificant decline in missed appointment rates was found in locations using with Televox (p = 0.495) overall, although a significant decrease in missed appointments was found among Medicaid patients (p = 0.0381). Conclusion Implementation of Televox appointment reminder systems did not significantly affect appointment attendance overall, but could be more useful specifically for encouraging Medicaid patients to attend MRI appointments.

Download Full-text

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

Roczniki Administracji i Prawa ◽

10.5604/01.3001.0014.8433 ◽

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

Download Full-text