On the Powers of the Court of Appeal in Civil Procedure

2017 ◽  
Vol 7 (2) ◽  
pp. 65-72
Author(s):  
V.V. Kotlyarova ◽  
Keyword(s):  
Civil Procedure ◽  
Court Of Appeal

scholarly journals Novelties in the Civil Procedure of the Brčko District of Bosnia and Herzegovina

2005 ◽  
Vol 77 (10) ◽  
pp. 558-569
Author(s):  
Ranka Račić
Keyword(s):  
Bosnia And Herzegovina ◽  
Civil Procedure ◽  
Legal Remedies ◽  
The Law ◽  
The Republic ◽  
Court Of First Instance ◽  
Court Of Appeal

Brčko District has its own, special courts, and its own laws, which differ from the laws of the entities. The Law on Civil Procedure of Brčko District of Bosnia and Herzegovina was drafted and influenced by the Law on Civil Procedure of the Republic of Srpska and Law on Civil Procedure of the Federation of Bosnia and Herzegovina. However, the Law on Civil Procedure of Brčko District of Bosnia and Herzegovina has introduced many novelties which arc listed in this paper, through the systematization of the law. Differences are remarkable and consist of different regulation of the procedural efficiency, introduction of the court of appeal, different regulation of principles of discussion and investigation, incorporation of the trial before one judge in the court of first instance, lack of the court's obligation to teach ignorant party. There are major discrepancies in the preparation of main hearings and main hearings, in the mediation procedure and structure and nature of the legal remedies.

Rule 223 Application for suspensive effect

2018 ◽  
Author(s):  
Tilmann Büttner
Keyword(s):  
Civil Procedure ◽  
European Patent ◽  
Patent Litigation ◽  
Legal Remedy ◽  
German System ◽  
Court Of Appeal

Unlike the German system of civil procedure, the—only admissible—legal remedy in the new European patent litigation system, ie the appeal, does not prevent the enforcement and execution of the decision appealed. In that sense, the legal remedy has the effect of lifting the case into another instance but does not have the effect of staying the enforceability of the decision. Any suspensive effect needs to be applied for and ordered by the Court of Appeal.

scholarly journals Conciliar no Tribunal é possível? Uma análise da experiência do Tribunal de Justiça do Estado do Rio Grande do Norte

2020 ◽  
pp. 172-193
Author(s):  
Elias Jacob de Menezes Neto ◽  
Igor Da Silva Gomes
Keyword(s):  
Conflict Resolution ◽  
Rio Grande ◽  
Legal Framework ◽  
Civil Procedure ◽  
The State ◽  
National Council ◽  
Important Landmark ◽  
Court Of Appeal ◽  
Positive Results ◽  
Do So

RESUMOA Resolução nº 125/2010 do Conselho Nacional de Justiça foi um marco importante para a criação de políticas públicas de resolução adequada dos conflitos, o que foi ampliado pela entrada em vigor do Código de Processo Civil de 2015. Nesse contexto, o presente artigo busca compreender a viabilidade das práticas conciliatórias no 2º grau de jurisdição. Para tanto, realiza, a partir da metodologia de estudo de caso, uma análise da experiência do TJRN, especificamente do seu Núcleo de Conciliação. Utiliza dados do próprio órgão sobre as audiências, limitando o escopo aos anos de 2016 e 2017. Procede, ainda, com análise doutrinária e legislativa, sendo o estudo de relevância para exteriorizar a efetividade (ou não) do método consensual de resolução de disputas. Conclui-se que o TJRN tem trazido resultados positivos, chegando, no ano de 2017, ao índice de êxito de 34% no Núcleo de Conciliação e 1,6% no Tribunal como um todo, números acima da média nacional.PALAVRAS-CHAVEConciliação. Tribunal de Justiça do Rio Grande do Norte. Políticas Públicas de Resolução de Conflitos. ABSTRACTThe CNJ’s (Brazilian National Council of Justice) Resolution nº 125/2010 was an important landmark for create public policies for the adequate resolution of conflicts, which was amplified after the Brazilian Code of Civil Procedure of 2015. This research aims to understand if it’s possible to use conciliation in Courts of Appeal. In order to do so, it analyses data from conciliation sessions held at the TJRN/NC (Conciliation Chamber of the Courts of Appeal at the state of Rio Grande do Norte/Brazil) between 2016 and 2017. In addition, it analyses the current theoretical and legal framework on conflict resolution. It concludes that TJRN has been achieving positive results, reaching, in 2017, a successful rate of 34% at the TJRN/NC and of 1.6% on all Court levels, numbers above the national average.KEYWORDSConciliation. Court of Appeal of Rio Grande do Norte.

scholarly journals CPR Pt 36—Enhanced Interest Should Not Function as Punitive Damages for Malicious Defence

2019 ◽  
Author(s):  
Vaclav Janecek
Keyword(s):  
Interest Rate ◽  
Common Law ◽  
Civil Procedure ◽  
Punitive Damages ◽  
The Future ◽  
Court Of Appeal ◽  
Made In

This note critically comments on the Court of Appeal’s decision in OMV Petrom SA v Glencore International AG. By introducing a penal element to the enhanced interest rate pursuant to CPR Pt 36, the Court of Appeal has extended the justificatory reasons for those awards beyond compensation. This note argues that Petrom-like awards should not be ordered in the future and that the Civil Procedure Rule Committee should amend the CPR accordingly. One issue is that the Petrom award was based on analogical application of the CPR, which implies that the Court of Appeal’s reasoning was in fact not governed by CPR Pt 36. Another issue is that the existing common law principles—as the next best source of law for the Court of Appeal’s decision—do not support the ruling either. This is because, first, the Petrom award was made in respect of the defendant’s malicious defence even though malicious defence does not constitute a common law tort. Secondly, the penal element in Petrom functioned as punitive damages even though the existing common law principles regarding punitive damages prevent courts from making such awards in similar cases.

‘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.

My business is your business: the Court of Appeal’s decision in MN v OP

2019 ◽  
Vol 25 (7) ◽  
pp. 753-757
Author(s):  
Thomas Fletcher
Keyword(s):  
Legal Framework ◽  
Civil Procedure ◽  
Court Of Appeal ◽  
Made In

Abstract This article considers the decision of the Court of Appeal in England in MN v OP [2019] EWCA Civ 679 on the circumstances in which an anonymity order will be made in connection with an application under the Variation of Trusts Act 1958. It looks at the legal framework for the decision, in particular the basis for the contention that an analogy should be drawn with proceedings under Rule 21.10 of the Civil Procedure Rules, with the result that anonymity orders should be the norm. It then sets out the conclusion and reasoning of the Court of Appeal and provides some commentary on the possible ramifications of the decision for practitioners in England and other jurisdictions.

scholarly journals LIMITATION OF THE RIGHT TO REQUIRE ENFORCEMENT UNDER THE RULE OF THE NEW CIVIL PROCEDURE CODE OF AN ENFORCEMENT ORDER OBTAINED BEFORE ITS ENTRY INTO FORCE

2017 ◽  
Vol 11 (2) ◽  
pp. 13-27
Author(s):  
Carmen Adriana DOMOCOȘ
Keyword(s):  
Coercive Force ◽  
Civil Procedure ◽  
The State ◽  
The Other ◽  
Legal Provisions ◽  
Procedure Code ◽  
Other Hand ◽  
The Law ◽  
The Right ◽  
Court Of Appeal

In a case, the court of appeal have interpreted the provisions of the law regarding the enforceable judgments delivered at first instance, with the right of appeal, or those in respect of which the parties agreed to directly exercise the appeal, when those interested or harmed by the enforcement can require the cancellation of the enforcement documents drawn up by violation of the legal provisions. The jurisprudence is not unanimous to consider the enforceability of the final civil decision is, however, a temporary one, until it is confirmed by the court of appeal, and it is removed when the court of appeal gives a contrary approach. One of the roles of the limitation is to provide the security of legal relationships, because after the expiry of the limitation period the debtor is satisfied that it can no longer be enforced, and the creditor knows that he no longer benefits from the coercive force of the state in order to recover his debt. On the other hand, to oblige the creditor to enforce a temporarily enforceable decision, about which he has no certainty that it will be upheld on appeal, means violating the very principle of the security of legal relationships, which the legislator intended to protect.

APPEAL PROCEEDINGS: HISTORY, THEORY, PRACTICE

2021 ◽  
Vol 11 (5) ◽  
pp. 107-139
Author(s):  
E.A. BORISOVA
Keyword(s):  
Civil Procedure ◽  
Appellate Court ◽  
Judicial Reform ◽  
Procedural Law ◽  
Judicial Practice ◽  
Procedure Code ◽  
Complex Approach ◽  
The Russian Federation ◽  
Court Of Appeal ◽  
Made In

History, theory, and court practice are the basis of judicial reform. If the Civil Procedure Code of the Russian Federation was created considering this with, but subsequent changes of the procedural law show the opposite. Changes of procedure in the appellate court are not an exception, and that is why for the last 10 years theoretical and practical problems of appeal proceedings have existed. The article aims to draw attention to the reasons of occurrence of these problems; mistakes made in the course of its solution; ways of error correction with due regard for experience of Russian civil procedure, achievements of the civil procedure doctrine, needs of Russian judicial practice; necessity of complex approach in reforming proceedings in the court of appeal instance.

I. Jurisdiction

1999 ◽  
Vol 48 (4) ◽  
pp. 966-969
Author(s):  
Wendy Kennett
Keyword(s):  
Great Britain ◽  
Civil Procedure ◽  
Not Given ◽  
England And Wales ◽  
The Uk ◽  
A Company ◽  
Court Of Appeal ◽  
Proper Interpretation

The well established rule that an overseas company that establishes a place of business in Great Britain and does not provide an address for service can be served with process at that place of business1 was thrown into confusion by the insertion into the 1985 Companies Act of several new provisions including a new section 694A(2) which provides that process may only be served on a branch “in respect of the carrying on of the business of the branch”.2 The new rules did not purport to change the situation in relation to a place of business falling short of a branch, and thus created the anomaly that it was apparently easier to serve a place of business than a branch. The proper interpretation of these rules arose in Saab v. Saudi American Bank (Court of Appeal, 2 July 1999).3 Before the case was heard by the Court of Appeal, the new Civil Procedure Rules entered into force on 26 April 1999. Under Part 62(2):A company may be served by any method permitted under this Part as an alternative to the methods of service set out in—(a) section 725 of the Companies Act 1985 (service by leaving a document at or posting it to an authorised place);(b) section 695 of that Act (service on overseas companies); and(c) section 694A of that Act (service of documents on companies incorporated outside the UK and Gibraltar and having a branch in Great Britain).Under Part 6.5(6) where a party has not given an address for service, a document may be served on a company not registered in England and Wales at “any place of business of the company within the jurisdiction.”

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