Ten years after the Civil Procedure Rules changed the landscape of civil justice in England and Wales, this book presents an analysis, by some of the leading judges, academics and practitioners involved in civil litigation in this country, of the effectiveness of the Woolf Reforms, and the challenges facing civil procedure today. With a Foreword by Lord Woolf of Barnes, contributors include some of those involved in the Access to Justice inquiry and the implementation of the CPR, as well as critics of the reforms. The book includes sections on the nature of the CPR as 'a new procedural code', case management, costs and funding, civil evidence (including the changes to expert evidence under the CPR), alternative dispute resolution, the influence of the CPR on reforms in civil law jurisdictions and the effect of EC law on English civil procedure, and empirical evidence for the effectiveness of the CPR.
|Publisher:||Oxford University Press, USA|
|Product dimensions:||6.80(w) x 9.70(h) x 1.50(d)|
About the Author
After graduating in Philosophy, Déirdre Dwyer gained a second degree in Law, and was called to the Bar at Lincoln's Inn. Her monograph on The Judicial Assessment of Expert Evidence was published in 2008.
Dr. Dwyer is a British Academy Postdoctoral Fellow at the University of Oxford Faculty of Law, and a Junior Research Fellow at Pembroke College, Oxford. Her current research interests are in the principles of civil evidence and the origins of modern English civil procedure. She lectures in Evidence and Civil Procedure to graduate students at the University of Oxford.
Dr. Dwyer serves as the book reviews editor for the International Commentary on Evidence, as a member of the editorial board of the International Journal of Evidence and Proof, and will be one of the editors of the 17th (2010) edition of Phipson on Evidence.
Table of Contents
1. INTRODUCTION, Déirdre Dwyer
Part ONE: 'A New Procedural Code'?
2. The Woolf Reforms: a singular event or an ongoing process?, Anthony Clarke
3. Civil litigation: what is it for?, Anthony Jolowicz
4. What is the meaning of CPR r 1.1(1)?, Déirdre Dwyer
PART TWO: Case Management
5. 'Actively': the word that changed the civil courts, Robert Turner
6. Litigation management under the CPR: a poorly-used management infrastructure, Adrian Zuckerman
7. Summary judgment and the Civil Procedure Rules, Keith Uff
8. Group litigation, class actions and collective redress: an anniversary reappraisal of Lord Woolf's three objectives, Susan M C Gibbons
PART THREE: Costs and Funding
9. A blot on the landscape, John Peysner
10. Costs orders as a case management tool, Peter Hurst
11. Costs-shifting, security for costs, and class actions: lessons from elsewhere, Rachael Mulheron
12. Litigation, cost, funding and the future, John Sorabji and Robert Musgrove
PART FOUR: Civil Procedure
13. CPR r 32.1(2): Case management tool or broad exclusionary power?, Katharine Grevling
14. Disputes of fact in interim applications, Stuart Sime
15. Proportionality and suitability of the disclosure regime under the CPR, Hodge M. Malek
16. Experts and Woolf: have things got better?, Robin Jacob
17. The role of the expert under CPR Part 35, Déirdre Dwyer
PART FIVE: alternative dispute resolution
18. ADR after the CPR: have ADR initiatives now assured mediation an integral role in the civil justice system in England and Wales?, Susan Prince
19. Alternative dispute resolution, the threat of adverse costs, and the right of access to court, Shirley Shipman
PART SIX: the CPR and Europe
20. Civil procedure in the European order: an overview of the latest developments, Carla Crifò
21. The influences of the CPR on civil procedure and evidence reform in the Netherlands 3, Daan Asser
22. The ethos of the Woolf Reforms in the transformations of post-socialist civil procedures: case study of Poland, Magdalena Tulibacka
PART SEVEN: Experiences of the CPR
23. The Woolf Reforms: What's the Verdict?, Michael Zander
24. The Civil Procedure Rules ten years on: the practitioners' perspective, Tim Parkes
25. Some thoughts on the first seven and a half years of the CPR, Henry Brooke