A Model Civil Procedure Code for England and Wales
Civil procedure law is integral to our understanding of access routes to justice, dispute resolution, and ultimately the rule of law. However, the field is rapidly changing, shifting dispute resolution away from courts and judgments, towards other legal pathways such as negotiation, mediation, arbitration and Ombudsman. Similarly, the increasing digitisation of society and looming potential of AI will profoundly influence future reforms. Civil justice is thus at a critical turning point.

In response, John Sorabji proposes a new model civil procedure code for England and Wales. Building on the work of the ALI/UNIDROIT Principles of Transnational Civil Procedure and the ELI-UNIDROIT Model European Rules of Civil Procedure, he articulates a simplified, principle-based, seventeen-part approach that covers all major stages from issue to enforcement, with sections on costs and funding, provisional measures, access to evidence and privileges, case statements, hearings, and dispute management.

Highlighting that civil courts are just one part of a wider civil justice ecosystem, Sorabji promotes the wealth of avenues available for dispute resolution and charts how these should be co-ordinated in the future. He outlines new ways to efficiently incorporate breakthroughs in digitisation and preventive and consensual forms of justice, and also explores likely shifts in the purpose of procedural codes as digitisation evolves, while underscoring the consistent need for judicial independence and accountability. Ultimately, Sorabji posits that procedural codes should guide not only the process of litigation, but those who design digital procedures and test their propriety in the future.
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A Model Civil Procedure Code for England and Wales
Civil procedure law is integral to our understanding of access routes to justice, dispute resolution, and ultimately the rule of law. However, the field is rapidly changing, shifting dispute resolution away from courts and judgments, towards other legal pathways such as negotiation, mediation, arbitration and Ombudsman. Similarly, the increasing digitisation of society and looming potential of AI will profoundly influence future reforms. Civil justice is thus at a critical turning point.

In response, John Sorabji proposes a new model civil procedure code for England and Wales. Building on the work of the ALI/UNIDROIT Principles of Transnational Civil Procedure and the ELI-UNIDROIT Model European Rules of Civil Procedure, he articulates a simplified, principle-based, seventeen-part approach that covers all major stages from issue to enforcement, with sections on costs and funding, provisional measures, access to evidence and privileges, case statements, hearings, and dispute management.

Highlighting that civil courts are just one part of a wider civil justice ecosystem, Sorabji promotes the wealth of avenues available for dispute resolution and charts how these should be co-ordinated in the future. He outlines new ways to efficiently incorporate breakthroughs in digitisation and preventive and consensual forms of justice, and also explores likely shifts in the purpose of procedural codes as digitisation evolves, while underscoring the consistent need for judicial independence and accountability. Ultimately, Sorabji posits that procedural codes should guide not only the process of litigation, but those who design digital procedures and test their propriety in the future.
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A Model Civil Procedure Code for England and Wales

A Model Civil Procedure Code for England and Wales

by John Sorabji
A Model Civil Procedure Code for England and Wales

A Model Civil Procedure Code for England and Wales

by John Sorabji

Hardcover

$210.00 
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Overview

Civil procedure law is integral to our understanding of access routes to justice, dispute resolution, and ultimately the rule of law. However, the field is rapidly changing, shifting dispute resolution away from courts and judgments, towards other legal pathways such as negotiation, mediation, arbitration and Ombudsman. Similarly, the increasing digitisation of society and looming potential of AI will profoundly influence future reforms. Civil justice is thus at a critical turning point.

In response, John Sorabji proposes a new model civil procedure code for England and Wales. Building on the work of the ALI/UNIDROIT Principles of Transnational Civil Procedure and the ELI-UNIDROIT Model European Rules of Civil Procedure, he articulates a simplified, principle-based, seventeen-part approach that covers all major stages from issue to enforcement, with sections on costs and funding, provisional measures, access to evidence and privileges, case statements, hearings, and dispute management.

Highlighting that civil courts are just one part of a wider civil justice ecosystem, Sorabji promotes the wealth of avenues available for dispute resolution and charts how these should be co-ordinated in the future. He outlines new ways to efficiently incorporate breakthroughs in digitisation and preventive and consensual forms of justice, and also explores likely shifts in the purpose of procedural codes as digitisation evolves, while underscoring the consistent need for judicial independence and accountability. Ultimately, Sorabji posits that procedural codes should guide not only the process of litigation, but those who design digital procedures and test their propriety in the future.

Product Details

ISBN-13: 9780192848680
Publisher: Oxford University Press
Publication date: 01/01/2025
Pages: 608
Product dimensions: 7.24(w) x 10.00(h) x 1.50(d)

About the Author

John Sorabji is Associate Professor of Law at University College London and a member of the Civil Justice Council. He has previously served as the Deputy Private Secretary to HM King Charles III and, separately, as the Principal Legal Adviser to the Lord Chief Justice and the Master of the Rolls. He has also been a visiting professor at Université Pantheon-Assas. He is the author of many titles including English Civil Justice after Woolf and Jackson: A Critical Analysis (CUP, 2014), a contributing editor and author of Foskett on Compromise (Sweet & Maxwell, 2015, 2020 and 2024), Civil Litigation in a Comparative Context (West Academic Press, 2nd edition, 2017), Zuckerman on Civil Procedure (Sweet & Maxwell, 2021), and the ELI-UNIDROIT Model European Rules of Civil Procedure (OUP, 2021). He is also a General Editor of Civil Procedure (The White Book) (Sweet & Maxwell, 2024).

Table of Contents

I: PRELIMINARY TO THE CODEGOVERNANCE OF THE CIVIL DISPUTE RESOLUTION SYSTEMII: A MODEL CIVIL PROCEDURE CODE1. GENERAL PRINCIPLES2. CIVIL COURT ADMINISTRATION3. COSTS4. FUNDING5. PRE-ACTION DISPUTE MANAGEMENT6. PARTIES7. JURISDICTION, SCOPE, AND TERMINATION8. CASE STATEMENTS9. AMENDMENT10. SERVICE11. DISPUTE MANAGEMENT12. ACCESS TO EVIDENCE AND PRIVILEGES13. PROVISIONAL MEASURES14. HEARINGS15. JUDGMENTS AND ORDERS16. ENFORCEMENT17. APPEALS
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