scholarly journals New trends of the civil justice in Hungary

2019 ◽  
Vol 3 (1) ◽  
pp. 122-130
Author(s):  
Viktória Harsági
Keyword(s):  
Practical Experience ◽  
Civil Procedure ◽  
Civil Justice ◽  
Collective Redress

The article provides an overview on the most important innovations of the new Hungarian Code of Civil Procedure. It presents a renewed system of allocation of cases, the split structure of the procedural phases, the modifications in connection of the representation, the new regulation on the illegaly obtained evidence, the solutions for incapacity to prove, the remedies and collective redress. Finally, the manuscript goes on with the question of electronization and try to evaluate the modest practical experience of these innovations so far.

The Civil Procedure Rules at 20

2020 ◽  
Keyword(s):  
Human Rights ◽  
Empirical Research ◽  
Judicial Review ◽  
Justice System ◽  
Civil Procedure ◽  
Civil Justice ◽  
Permanent Record ◽  
Collective Redress ◽  
20Th Anniversary ◽  
Civil Justice System

The book provides a series of presentations and papers to mark the 20th anniversary of the CPR coming into force, many of which were delivered orally at the CPR at 20 Conference at the Bonavero Institute of Human Rights, Mansfield College, Oxford in 2019. The presentations and papers have been edited and extended to provide a permanent record available to a wider audience. The book considers the successes and failures of the CPR, and current challenges faced by those designing, administering and using the civil justice system. It covers a range of topics including: the digitisation of the civil justice system, the overriding objective, principles of proportionality, disclosure, collective redress, judicial review rules, closed material proceedings and costs and funding rules. The book contains doctrinal, theoretical and empirical research and analysis about the use of the civil procedure rules and the civil justice system more broadly.

Compliance Problems and Digitizing Case Management in England and Wales

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.

Part II The Member State Reports on Transposition of the Directive, 8 Hungary

2018 ◽  
Author(s):  
Nagy Csongor István
Keyword(s):  
Member State ◽  
Civil Law ◽  
Civil Procedure ◽  
Judicial System ◽  
Parent Company ◽  
Private Enforcement ◽  
Binding Force ◽  
Collective Redress ◽  
Right Of Return ◽  
System P

This chapter examines the transposition of the Antitrust Damages Directive in Hungary. It begins with an overview of the transposition procedure, focusing on the Hungarian private enforcement landscape and the transposition process. In particular, it considers how the provisions implementing the Directive were built into the Hungarian Competition Act (HCA), creating a special regime that departs in certain aspects from the general principles of Hungarian civil law and civil procedure (e.g., access rules, calculation of damages). The chapter goes on to discuss the scope of the Hungarian implementing provisions as well as specific issues that arose during the transposition, including those relating to time-barring deadlines, binding force of decisions of other Member States, parent company liability, presumption and quantification of damages by cartels or other antitrust infringements, distribution of liability between co-infringers and right of return between co-infringers, access rules, collective redress, and organization of the judicial system.

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.

The Civil Procedure Rules Twenty Years On

2020 ◽  
pp. 3-24
Author(s):  
Damien Byrne Hill ◽  
Maura McIntosh
Keyword(s):  
Justice System ◽  
Civil Procedure ◽  
Civil Litigation ◽  
Reform Process ◽  
Civil Justice ◽  
Witness Statements ◽  
Civil Justice System

Cost and delay have always been the two great challenges facing the civil justice system. Lord Woolf sought to address these issues with his recommendations, which were largely implemented in the Civil Procedure Rules (CPR) twenty years ago. Lord Justice Jackson again took up the challenge in his Review of Civil Litigation Costs ten years later, leading to further significant reforms. But the reform process is far from over, with the rules on disclosure and witness statements currently in the spotlight. This chapter considers how the CPR and the various reforms have worked in practice from the perspective of the commercial solicitor, and whether more needs to be done to address the challenges.

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