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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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The Civil Procedure Rules Ten Years On

ISBN13: 9780199576883
Published: December 2009
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £94.00

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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.
Courts and Procedure
1.: Déirdre Dwyer: INTRODUCTION
Part ONE: 'A New Procedural Code'?
2.: Anthony Clarke: The Woolf Reforms: a singular event or an ongoing process?
3.: Anthony Jolowicz: Civil litigation: what is it for?
4.: Déirdre Dwyer: What is the meaning of CPR r 1.1(1)?

PART TWO: Case Management
5.: Robert Turner: 'Actively': the word that changed the civil courts
6.: Adrian Zuckerman: Litigation management under the CPR: a poorly-used management infrastructure
7.: Keith Uff: Summary judgment and the Civil Procedure Rules
8.: Susan McGibbons: Group litigation, class actions and collective redress: an anniversary reappraisal of Lord Woolf's three objectives

PART THREE: Costs and Funding
9.: John Peysner: A blot on the landscape
10.: Peter Hurst: Costs orders as a case management tool
11.: Rachael Mulheron: Costs-shifting, security for costs, and class actions: lessons from elsewhere
12.: John Sorabji and Robert Musgrove: Litigation, cost, funding and the future

PART FOUR: Civil Procedure
13.: Katharine Grevling: CPR r 32.1(2): Case management tool or broad exclusionary power?
14.: Stuart Sime: Disputes of fact in interim applications
15.: Hodge M. Malek: Proportionality and suitability of the disclosure regime under the CPR
16.: Robin Jacob: Experts and Woolf: have things got better?
17.: Déirdre Dwyer: The role of the expert under CPR Part 35

PART FIVE: alternative dispute resolution
18.: Susan Prince: ADR after the CPR: have ADR initiatives now assured mediation an integral role in the civil justice system in England and Wales?
19.: Shirley Shipman: Alternative dispute resolution, the threat of adverse costs, and the right of access to court

PART SIX: the CPR and Europe
20.: Carla Crifò: Civil procedure in the European order: an overview of the latest developments
21.: Daan Asser: The influences of the CPR on civil procedure and evidence reform in the Netherlands 3
22.: Magdalena Tulibacka: The ethos of the Woolf Reforms in the transformations of post-socialist civil procedures: case study of Poland

PART SEVEN: Experiences of the CPR
23.: Michael Zander: The Woolf Reforms: What's the Verdict?
24.: Tim Parkes: The Civil Procedure Rules ten years on: the practitioners' perspective
25.: Henry Brooke: Some thoughts on the first seven and a half years of the CPR