scholarly journals Towards Harmonised European Rules of Civil Procedure: Obligations of the Judge, the Parties and their Lawyers

2020 ◽  
Vol 3 (1) ◽  
pp. 6-33
Author(s):  
Cornelius Hendrik Remco van Rhee

This article explains in detail the rules on the obligations of the judge, the parties and their lawyers in civil litigation, prepared by a working group that was established within the context of a project on European Rules of Civil Procedure of the European Law Institute and UNIDROIT. These rules are grouped into several parts devoted to the overriding objective of the proposed rules, management and planning of the proceedings, the determination of facts, findings of law, and consensual dispute resolution. The suggested rules reflect best practices in European civil procedure.

Author(s):  
Susan Cunningham-Hill ◽  
Karen Elder

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.


The law of international civil procedure, in some systems treated as part of the conflict of laws (private international law), governs international disputes where the parties to a transaction did not for arbitration as dispute-resolution mechanism and where such disputes are dealt with in domestic courts. The principal issues are as follows. Which courts have jurisdiction? Are provisional and protective measures available? How are proceedings conducted in cases involving parties from different countries, in particular how are they served with documents and how is the taking of evidence organized? Will a judgment or other type of decision rendered by the courts of one country be recognized and enforceable in other countries? In the EU these matters are dealt with by genuine Union law, such as the Brussels I bis Regulation. In the Member States of the MERCOSUR, the approach is still more conservative (‘indirect’ instead of ‘direct’ determination of adjudicatory jurisdiction). US courts apply the common law of the State where they sit, and their approach to using traditional concepts, such as discovery, as an alternative to rules provided for in international conventions creates what is known as the ‘judicial conflict’ between US and courts in other parts of the world. First steps to harmonize the law of civil procedure are currently bearing fruit.


Author(s):  
Susan Cunningham-Hill ◽  
Karen Elder

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.


Author(s):  
Lucilla Macgregor ◽  
Charlotte Peacey ◽  
Georgina Ridsdale

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.


Author(s):  
Susan Cunningham-Hill ◽  
Karen Elder

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.


Author(s):  
Lucilla Macgregor ◽  
Charlotte Peacey ◽  
Georgina Ridsdale

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.


1979 ◽  
Vol 44 ◽  
pp. 349-355
Author(s):  
R.W. Milkey

The focus of discussion in Working Group 3 was on the Thermodynamic Properties as determined spectroscopically, including the observational techniques and the theoretical modeling of physical processes responsible for the emission spectrum. Recent advances in observational techniques and theoretical concepts make this discussion particularly timely. It is wise to remember that the determination of thermodynamic parameters is not an end in itself and that these are interesting chiefly for what they can tell us about the energetics and mass transport in prominences.


2020 ◽  
Vol 11 ◽  
pp. 49-51
Author(s):  
Evgeniy S. Razdyakonov ◽  
◽  
Igor N. Tarasov ◽  

The article examines some of the results of the procedural reform in terms of the resolution of corporate disputes by courts. The authors formulated four main theses that reflect the essence of this reform: the division of competence in corporate disputes between courts of general jurisdiction and arbitration courts, the expansion of the arbitrability of corporate disputes, the implementation of the principle of one-time consideration of a corporate dispute, the consolidation of new subjects of civil proceedings in corporate disputes not named in the general part of the Commercial Procedure Code of the RF and the Code of Civil Procedure of the RF.


Sign in / Sign up

Export Citation Format

Share Document