The Reform of Civil Procedure; Essays on Access to Justice / Edition 1

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Overview

This collection of essays by leading commentators on civil justice is an attempt to assess the present state of civil procedure in the UK and the possible impact of proposals recently put forward by Lord Woolf. In addition, the essays deal with the fundamental problems that are encountered today in the administration of civil justice everywhere. The contributors are distinguished practitioners and academics who have made extensive contributions to the subject in the past.

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Product Details

  • ISBN-13: 9780198260936
  • Publisher: Oxford University Press, USA
  • Publication date: 4/28/1996
  • Edition number: 1
  • Pages: 472
  • Lexile: 1570L (what's this?)
  • Product dimensions: 9.13 (w) x 6.13 (h) x 1.00 (d)

Meet the Author

Cranston is UK/Australian; Zuckerman is UK/Israeli.

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Table of Contents

1 Caseflow Management in the Trial Court 1
2 'The Rational Study of Law': Social Research and Access to Justice 31
3 Reform in the Shadow of Lawyers' Interests 61
4 Why Lord Woolf's Proposed Reforms of Civil Litigation Should be Rejected 79
5 Making Tracks 97
6 A Fresh Approach: Uniform Rules of Court 119
7 Discovery in Commercial Litigation 137
8 The Woolf Report: Against the Public Interest? 149
9 The Adversarial Principle: Fairness and Efficiency 169
10 Raising the Small Claims Limit 185
11 Why Public Law is Private Law: An Invitation to Lord Woolf 201
12 'DejaVu All Over Again'? An American Reaction to the Woolf Report 219
13 Too Much Lawyering, Too Little Law: Comments on 'Access to Justice' 245
14 Limiting Costs for Better Access to Justice - The German Experience 265
15 Regulating the Market for Civil Justice 279
16 The Role of Legal Expenses Insurance in Securing Access to the Market for Legal Services 305
17 The Economics of Cost-shifting Rules 327
18 The Government's Legal Aid Reforms 346
19 Time Management and Procedural Reform: Some Questions for Lord Woolf 371
20 Access to Just Settlement: The Case of Medical Negligence 393
21 Access to Justice: Lessons from Tribunals 413
22 Legal Expenses Insurance 431
23 Litigation and Settlement 447
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