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Vol 21 No 11 Nov/Dec 2016

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The Court of Appeal


ISBN13: 9781841133874
Published: April 2007
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £38.00



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Civil justice has been undergoing a massive transformation. There have been big changes in the management of judicial business; the Human Rights Act 1988 has had a pervasive impact; the Constitutional Reform Act 2005 has effected many changes - notably, the prospective transfer of the appellate jurisdiction of the House of Lords to a new Supreme Court.

Against this backcloth of radical change, this book looks at the recent history and the present-day operation of the civil division of the Court of Appeal - a court that, despite its pivotal position, has attracted surprisingly little scholarly attention. It examines the impact of the permission to appeal requirements, and the way in which applications - particularly those by litigants in person - are handled; it looks at the working methods of the Lords Justices and at the leadership of the Court by recent Masters of the Rolls; it considers the relationship between the Court and the House of Lords - looking at high-profile cases in which the Court has been reversed by the Lords.

Notwithstanding the impending arrival of the Supreme Court, it concludes that 'the Court of Appeal will remain firmly in place, occupying its crucial position as, to all intents and purposes, the court of last resort-indeed, a supreme court-for most civil appellants.

Subjects:
Constitutional and Administrative Law, Courts and Procedure
Contents:
1. Introduction The Research Agenda A Note on Methodology Plan of the Book Annex A: Data Collected for Each Case in the Data-Set Annex B: Researchers' Informal Aide-Memoire for the Conduct of Semi-Structured Interviews With Judges in the Court of Appeal 2 The Nature of the Appellate Process Appeals in Historical Perspective Species of Appeal The Rationale of English Civil Appeals Appeal and the Trial Process 3 Origins and Development of the Court of Appeal The Position Before 1875 A New Home for the New Court Rights of Appeal: From Hanworth to Evershed A Transatlantic Lesson? Slow Moves Towards Modernisation Since the 1960s Insights from Within The Woolf Reforms A View from the 1880s-Plus Ca Change? 4 New Public Management in the Court of Appeal: The Woolf and Bowman Reforms Thatcherism and the New Public Management Thatcherism Catches Up with the Judiciary New Public Management and the Courts-The Rising Tide The Woolf Reports on Civil Justice The Court of Appeal: From Woolf to Bowman Implementing Woolf and Bowman: The Tanfern Direction Judges as Case Managers? 5 A Right of Appeal? The New Procedure in Outline The Requirement for Permission to Appeal Dealing With an Application for Permission to Appeal Second Appeals Restrictions on Appeals about Case Management Appeals from Specialist Tribunals Reform of Permission to Appeal Alternative Dispute Resolution: Mediation, Costs, and Lower Courts After Permission to Appeal has been Granted: Review or Rehearing? The Outcome of an Appeal 6 The Court of Appeal at Work-Some Facts and Figures The Offi cial Statistics Permission to Appeal: The Procedure in Practice The Human Rights Act 1998 Where was PTA Applied for? Represented and Unrepresented Applicants Time Taken for Applications to be Processed Determination on the Papers, and Oral Hearings Judicial Time Taken to Hear PTA Applications Permission to Appeal Granted by the Court Below The Journey of an Application: an Applicant's Eye View of the Court of Appeal 7 The Judges Leading the Court: Masters of the Rolls The Court Today Who Goes Upstairs? Annex A: Masters of the Rolls, 1873-2006 Annex B: The Judges of the Court of Appeal(Civil Division) 8 Judgments Individuality and Collegiality Judgments: Single, Multiple or Composite Prolixity of Judgments 9 Unrepresented Applicants A Litigant's View The Taylor v Lawrence Effect The Case for Abolition of the Right to an Oral Hearing in Seeking Permission to Appeal 10 Who has the Last Word? the Court of Appeal and the House of Lords Review and Supervision Appeals in the Abstract Appealing to the Lords The Near-Extinction of Orally Argued Petitions for Leave The Final Court of Appeal in Parliament 11 Reversal by the Lords: Polanski, Porter, Roma, and Begum Polanski v Vanity Fair Appeal and Audit-The Dame Shirley Porter Case The Roma at Prague Airport Begum: Another Approach to Discrimination and Human Rights 12 The Court in the Twenty-first Century-Some Reflections