Download or read book Zuckerman on Australian Civil Procedure 2nd Edition Hardback written by A Zuckerman; S Wilkins; J Adamopoulos; A Higgins; S Hooper; A Vial and published by . This book was released on 2023-12-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Civil procedure lies at the heart of the judicial process as it establishes the mechanisms by which rights and obligations are enforced. An understanding of these mechanisms is therefore essential to anyone contemplating legal proceedings. The second edition of this important text provides a rigorous, principles-based analysis of civil procedure in Australia. Relevant principles are explored against a backdrop of State, Territory and Federal rules of procedure, and solutions are offered to difficult issues encountered in practice, and to unsettled questions of law. It is now accepted in Australia that rules of procedure, case management, and the conduct of litigants should facilitate the 'just, quick and cheap' resolution of the real issues in dispute. The present edition examines this overriding objective and its consequences in practice by reference to recent case law. Attention is drawn to matters still unresolved or ripe for reform. While this work is concerned with Australian civil procedure, attention is drawn to the English experience. The book benefits from the lead author's expertise in English civil procedure and his influential role in legal reform in England, as well as from the diverse experience and expertise of the Australian authors. The book is an essential text for both legal practitioners and academics and is highly valuable for law students seeking a deeper understanding of the principles informing the rules of procedure. Features * Authoritative discussion of principles, policy and reform opportunities * Comprehensive in-depth coverage of all major topics provides detailed guidance in an evolving practice area * Rigorous principles-based analysis * Offers solutions to complex problems of civil procedure providing a framework for legal argument in uncertain areas of procedure * Covers all Australian state, territory and federal procedural rules Related Titles * Colbran & Spender, Civil Procedure: Commentary and Materials, 8th ed, 2022 * Lethbridge et al, Civil Litigation: Strategy and Practice, 2023 * Heydon, Cross on Evidence, 14th Australian ed, 2023 * Legg (ed), Resolving Civil Disputes, 2nd ed, 2024
Download or read book The Civil Procedure Rules at 20 written by Andrew Higgins and published by Oxford University Press, USA. This book was released on 2020 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Civil Procedure Rules at 20 considers the successes and failures of the CPR, and current challenges faced by those designing, administering, and using the civil justice system.
Download or read book Zuckerman on Civil Procedure written by Adrian A. S. Zuckerman and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Modern Doctrines of Champerty and Maintenance written by Rachael Mulheron and published by Oxford University Press. This book was released on 2023-06-21 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: As torts and as crimes, champerty and maintenance were abolished by statute in England and Wales in 1967. They were considered to be obsolete and the product of a bygone age, when abuses of the court system as practised by rich and powerful noblemen required a robust legal response. A modern, sophisticated, and independent judiciary rendered it unnecessary either to punish or to compensate for champerty or maintenance any longer. However, post-1967, their impact was retained via a 'reservation provision', which ensures that any contract tainted by champerty or maintenance 'is to be treated as contrary to public policy or otherwise illegal.' Fast forward five decades to the present day, and whilst maintenance has arguably reached its use-by date in English law, the same cannot be said of its more aggressive cousin. Champerty, as a doctrine, retains considerable modern impact in this jurisdiction, stalking the modern funding and civil procedure landscape. It continues to have greatest impact in two areas: the funding of litigation, and the assignments of causes of action. The Modern Doctrines of Champerty and Maintenance looks comparatively at jurisdictions' attitudes towards champerty and maintenance, together with an analysis of law reform studies in the area, both in England and elsewhere.
Download or read book Review of Civil Litigation Costs written by Great Britain. Ministry of Justice and published by The Stationery Office. This book was released on 2010 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: In January 2009, the then Master of the Rolls, Sir Anthony Clarke, appointed Lord Justice Jackson to lead a fundamental review of the rules and principles governing the costs of civil litigation. This report intends to establish how the costs rules operate and how they impact on the behavior of both parties and lawyers.
Download or read book Digital Technology and Justice written by Tania Sourdin and published by Routledge. This book was released on 2020-11-24 with total page 103 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice apps – mobile and web-based programmes that can assist individuals with legal tasks – are being produced, improved, and accessed at an unprecedented rate. These technologies have the potential to reshape the justice system, improve access to justice, and demystify legal institutions. Using artificial intelligence techniques, apps can even facilitate the resolution of common legal disputes. However, these opportunities must be assessed in light of the many challenges associated with app use in the justice sector. These include the digital divide and other accessibility issues; the ethical challenges raised by the dehumanisation of legal processes; and various privacy, security, and confidentiality risks. Surveying the landscape of this emergent industry, this book explores the objectives, opportunities, and challenges presented by apps across all areas of the justice sector. Detailed consideration is also given to the use of justice apps in specific legal contexts, including the family law and criminal law sectors. The first book to engage with justice apps, this book will appeal to a wide range of legal scholars, students, practitioners, and policy-makers.
Download or read book Injustice in Person written by Rabeea Assy and published by OUP Oxford. This book was released on 2015-06-04 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: In common law jurisdictions, litigants are free to choose whether to procure legal representation or litigate in person. There is no formal requirement that civil litigants obtain legal representation, and the court has no power to impose it on them, regardless of whether the litigant has the financial means to hire a lawyer or is capable of conducting litigation effectively. Self-representation is considered indispensable even in circumstances of extreme abuse of process, such as in 'vexatious litigation'. Intriguingly, although self-representation is regarded as sacrosanct in common law jurisdictions, most civil law systems take a diametrically opposite view and impose obligations of legal representation as a condition for conducting civil litigation, except in low-value claims courts or specific tribunals. This disparity presents a conundrum in comparative law: an unfettered freedom to proceed in person is afforded in those legal systems that are more reliant on the litigants' professional skills and whose rules of procedure and evidence are more formal, complex, and adversarial, whereas legal representation tends to be made obligatory in systems that are judge-based and offer more flexible and informal procedures, which would seem, intuitively, to be more conducive to self-representation. In Injustice in Person: The Right to Self Representation, Rabeea Assy assesses the theoretical value of self-representation, and challenges the conventional wisdom that this should be a fundamental right. With a fresh perspective, Assy develops a novel justification for mandatory legal representation, exploring a number of issues such as the requirements placed by the liberal commitment to personal autonomy on the civil justice system; the utility of plain English projects and the extent to which they render the law accessible to lay people; and the idea that a high degree of litigant control over the proceedings enhances litigants' subjective perceptions of procedural fairness. On a practical level, the book discusses the question of mandatory representation against the case law of English and American courts and also that of the European Court of Human Rights, the International Criminal Tribunal for the former Yugoslavia, and the Human Rights Committee.
Download or read book The Modern Civil Process written by Neil Andrews and published by Mohr Siebeck. This book was released on 2008 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines court proceedings, as well as settlement, mediation and arbitraton.
Download or read book Fact finding in Civil Litigation written by Rijk Remme Verkerk and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In civil cases, the facts of the case are often decisive. This book provides a comparative analysis of the process of fact-finding in the litigation process. It offers theoretical insights on the distinctive features of the fact-finding arrangements in civil cases in Austria, the Netherlands, and the United States. It also examines the empirical data that sheds light on the operation of procedural rules in legal practice. The book studies specific fact-finding regulations as components of an entire system and places them in a broader context. It analyzes the history of fact-finding arrangements to elucidate the legal tradition that has shaped the mindset of practitioners and legislators. In addition, the relationship between procedural rules and the prevailing constitutional and political theory is discussed. Rules are commonly designed and adopted to promote procedural values, such as efficiency, legitimacy, accuracy, and fairness. Fact-Finding in Civil Litigation discusses the values
Download or read book AUSTRALIAN CIVIL PROCEDURE written by BERNARD. CAIRNS and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Zuckerman on Australian Civil Procedure 2nd Edition written by A Zuckerman; S Wilkins; J Adamopoulos; A Higgins; S Hooper; A Vial and published by . This book was released on 2023-12-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Civil procedure lies at the heart of the judicial process as it establishes the mechanisms by which rights and obligations are enforced. An understanding of these mechanisms is therefore essential to anyone contemplating legal proceedings. The second edition of this important text provides a rigorous, principles-based analysis of civil procedure in Australia. Relevant principles are explored against a backdrop of State, Territory and Federal rules of procedure, and solutions are offered to difficult issues encountered in practice, and to unsettled questions of law. It is now accepted in Australia that rules of procedure, case management, and the conduct of litigants should facilitate the 'just, quick and cheap' resolution of the real issues in dispute. The present edition examines this overriding objective and its consequences in practice by reference to recent case law. Attention is drawn to matters still unresolved or ripe for reform. While this work is concerned with Australian civil procedure, attention is drawn to the English experience. The book benefits from the lead author's expertise in English civil procedure and his influential role in legal reform in England, as well as from the diverse experience and expertise of the Australian authors. The book is an essential text for both legal practitioners and academics and is highly valuable for law students seeking a deeper understanding of the principles informing the rules of procedure. Features * Authoritative discussion of principles, policy and reform opportunities * Comprehensive in-depth coverage of all major topics provides detailed guidance in an evolving practice area * Rigorous principles-based analysis * Offers solutions to complex problems of civil procedure providing a framework for legal argument in uncertain areas of procedure * Covers all Australian state, territory and federal procedural rules Related Titles * Colbran & Spender, Civil Procedure: Commentary and Materials, 8th ed, 2022 * Lethbridge et al, Civil Litigation: Strategy and Practice, 2023 * Heydon, Cross on Evidence, 14th Australian ed, 2023 * Legg (ed), Resolving Civil Disputes, 2nd ed, 2024
Download or read book Principles of Civil Litigation written by David Bamford and published by Lawbook Company. This book was released on 2010 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contents: 1 The civil justice system; 2 Commencing proceedings: Jurisdiction and parties; 3 Commencing proceedings: The practicalities; 4 How courts manage cases and make procedural decisions; 5 Defining the issues; 6 Pre-trial termination of proceedings; 7 Protecting positions until trial; 8 Gathering information; 9 Court-annexed alternative dispute resolution; 10 Offers to settle and offers to compromise; 11 Costs; 12 Appeals; 13 Enforcement and execution
Download or read book The Future of High Cost Credit written by Jodi Gardner and published by Bloomsbury Publishing. This book was released on 2022-07-14 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book proposes a new way of thinking about the controversial and complex challenges associated with the regulation of high-cost credit, specifically payday lending. These products have received significant attention in both the media and political arena. The inadequacy of regulatory interventions has created ongoing problems with the provision of high-cost credit, particularly for consumers with lesser bargaining power and who are already financially vulnerable. The book tackles two specific gaps in the existing literature. The first involves inadequate analysis of the relevant philosophical concepts around high-cost credit, which can result in an over-simplification of what are particularly complex issues. The second is a lack of engagement in both the market and lived experience of borrowers, resulting in limited understanding of those who use these financial products. The Future of High-Cost Credit explores the theoretical grounding, policy initiatives and interdisciplinary perspectives associated with high-cost credit, making a novel and insightful contribution to the existing literature. The problems with debt extend far beyond the legal sphere, and the book will therefore be of interest to many other academic disciplines, as well as for those working in public policy and 'the third sector'.
Download or read book Reform of Civil Procedure written by A. A. S. Zuckerman and published by . This book was released on 1995 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: 5. Making Tracks: Nick Armstrong
Download or read book The Three Paths of Justice written by Neil Andrews and published by Springer Science & Business Media. This book was released on 2011-09-28 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a concise account of the English system of civil litigation, covering court proceedings in England and Wales. It is an original and important study of a system which is the historical root of the US litigation system. The volume offers a comprehensive and properly balanced account of the entire range of dispute resolution techniques. As the first book on this subject to be published in the USA, it enables American lawyers to gain an overview of the main institutions of English Civil Procedure, including mediation and arbitration. It will render the English system of civil justice accessible to law students in the US, practitioners of law, professors, judges, and policy-makers.
Download or read book Zuckerman on Australian Civil Procedure Principles of Practice written by and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Justice and Efficiency in Mega Litigation written by Anna Olijnyk and published by Bloomsbury Publishing. This book was released on 2019-06-13 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice and Efficiency in Mega-Litigation explores the phenomenon of extremely long-running, resource-intensive civil litigation known as 'mega-litigation'. Such litigation challenges the courts to reconcile the objectives of justice and efficiency – for the parties to the case and for the community. Drawing on interviews with judges of the courts of England and Wales, and of Australia, this book shows how judges have responded to these challenges. It situates mega-litigation within broader developments in civil procedure and case management, as well as theoretical debates about the role of courts and the purpose of civil procedure. The book highlights the importance of intensive, creative and flexible case management; focus on the issues in dispute; and, ultimately, each judge's expert intuition.
