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Andrews on Civil Processes is a fresh and stimulating examination of Civil Justice, embracing court proceedings, mediation, and arbitration. The book, published in two volumes, will help lawyers (whether practitioners, judges, policy-makers, or other jurists) in England, Europe, and the wider world. Whilst it focuses on English law, this is of interest to lawyers around the world, especially because of the cross-border nature of many disputes. This new work is distinctive because it: provides detailed examination of English civil proceedings (volume I) and of mediation and arbitration (volume II); explains the connections between these three modes of dispute-resolution; identifies the fundamental principles of court proceedings and of arbitration; assesses the merits of mediation and the scope for encouraging people to pursue it; arranges all these forms of civil justice in a systematic way. Three notable developments, all covered in this book, are: The Legal Aid, Sentencing and Punish
Andrews on Civil Processes is a fresh and stimulating examination of Civil Justice, embracing court proceedings, mediation, and arbitration. The book, published in two volumes, will help lawyers (whether practitioners, judges, policy-makers, or other jurists) in England, Europe, and the wider world. Whilst it focuses on English law, this is of interest to lawyers around the world, especially because of the cross-border nature of many disputes. This new work is distinctive because it: provides detailed examination of English civil proceedings (volume I) and of mediation and arbitration (volume II); explains the connections between these three modes of dispute-resolution; identifies the fundamental principles of court proceedings and of arbitration; assesses the merits of mediation and the scope for encouraging people to pursue it; arranges all these forms of civil justice in a systematic way. Three notable developments, all covered in this book, are: The Legal Aid, Sentencing and Punish
Andrews on Civil Processes is a fresh and stimulating examination of Civil Justice, embracing court proceedings, mediation, and arbitration. A critical and principled treatment of the subject made possible by extensive knowledge not only in the English methods and techniques but also in foreign civil procedural laws.The work guides the reader through the practice of dispute resolution in all its major forms - public and private, adjudicative and conciliatory and thus provides a complete picture of the court and arbitration systems, and of the developing technique of mediation. It is an outward-looking work and advisors seeking further leads are assisted by detailed citation of primary sources and rich bibliographical references to national and foreign works.As a fundamental and systematic treatment of the subject by a leading expert, this fully revised and updated 2nd edition is an essential work of reference for litigation advisors, judges, commentators, and students. As many non-resident parties choose to conduct arbitration in London or bring proceedings before the English High Court, notably the Commercial Court, the clear and well-ordered structure of Andrews of Civil Process is also of interest to the lawyers beyond England and Wales.
A trenchant critique of developments in civil justice that questions modern orthodoxy and points to a downgrading of civil justice.
Examines court proceedings, as well as settlement, mediation and arbitraton.
This is a systematic and analytical account of the new system of civil procedure and justice in England and Wales. The book is both comprehensive and detailed, focusing in particular on the fundamental principles that underlie the post-Woolf system. These include the principles set out in the Woolf reforms themselves, principles relating to civil justice derived from the Human Rights Act and ECHR, and older common law principles that continue to apply. This book will provide a much-needed commentary to the Civil Procedure Rules.
Globalization of legal traffic and the inherent necessity of having to litigate in foreign courts or to enforce judgments in other countries considerably complicate civil proceedings due to great differences in civil procedure. This may consequently jeopardize access to justice. This triggers the debate on the need for harmonization of civil procedure. In recent years, this debate has gained in importance because of new legislative and practical developments both at the European and the global level. This book discusses the globalization and harmonization of civil procedure from the angles of legal history, law and economics and (European) policy. Attention is paid to the interaction with private law and private international law, and European and global projects that aim at the harmonization of civil procedure or providing guidelines for fair and efficient adjudication. It further includes contributions that focus on globalization and harmonization of civil procedure from the viewpoint of eight different jurisdictions. This book is an unique combination of theory and practice and valuable for academic researchers in the area of civil procedure, private international law, international law as well as policy makers (national and EU), lawyers, judges and bailiffs.
Professor Jolowicz's comparative analysis of civil procedure concentrates on the purposes served by the institution of litigation rather than on the intentions of those who litigate. Stressing that those purposes go beyond mere dispute resolution by non-violent means, Jolowicz surveys a variety of topics of procedural law, making substantial use of the comparative method, in the attempt to examine and explain the ideas which underlie some of the most important of its constituent elements. In the final section, he deals with the reform of English law and ventures a prediction of the consequences that the new Civil Procedure Rules, together with the reforms which more or less immediately preceded them, will have on the character of English procedural law.