The Three Paths of Justice
The Three Paths of Justice

Author: Neil Andrews

Publisher: Springer Science & Business Media

Published: 2011-09-28

Total Pages: 305

ISBN-13: 940072294X

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This book presents a concise account of the English system of civil litigation, covering court proceedings in England and Wales. It is an original and important study of a system which is the historical root of the US litigation system. The volume offers a comprehensive and properly balanced account of the entire range of dispute resolution techniques. As the first book on this subject to be published in the USA, it enables American lawyers to gain an overview of the main institutions of English Civil Procedure, including mediation and arbitration. It will render the English system of civil justice accessible to law students in the US, practitioners of law, professors, judges, and policy-makers.

The role of the Court in Collective Redress Litigation : Comparative Report
The role of the Court in Collective Redress Litigation : Comparative Report

Author: Élodie Falla

Publisher: Primento

Published: 2014-03-18

Total Pages: 328

ISBN-13: 2804463540

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The key question facing European policy-makers is how to enable collective redress proceedings without producing the undesirable consequences that are associated with the U.S. class action model. How is it possible to find the balance between providing compensation for legitimate claims and preventing unmeritorious claims? If the system encourages the vast majority of claims to be settled, how can it avoid the ‘blackmail effect’, which means it will be cheaper for defendants to settle unmeritorious claims than to fight them? How is it possible to avoid excessive transactional costs? etc. In this report, it is considered that one of the of the important safeguards against the abuses of the U.S. class action system could be the active role of the court in collective redress litigation. Research is needed to see what concrete judicial powers are the most important in that respect. This report tries to achieve this challenge. The first part of the report consists in a comparative analysis of national rules and case law in six Member States (United Kingdom (England & Wales), Germany, Italy, Portugal, Spain and Sweden) to identify which powers of the court in a collective redress trial ensure fair proceedings for both parties and act as safeguards against potential abuses of the system. Cases have been selected to illustrate the issues that arise and some of the creative solutions that have been applied so far by the courts at each stage of a collective redress procedure. The second part of this report aims at looking ahead to ways in which recommendations for an optimal balanced framework for a European collective redress mechanism would be formulated. The result of the case analyses set out in this report attempts to demonstrate whether the European Union might be able to introduce an attractive approach towards collective redress which builds on previous knowledge by fusing different national approaches and provides benefits to consumers, competitors and the economy, without harmful risks.

Justice and Efficiency in Mega-Litigation
Justice and Efficiency in Mega-Litigation

Author: Anna Olijnyk

Publisher: Bloomsbury Publishing

Published: 2019-06-13

Total Pages: 239

ISBN-13: 1509910913

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Justice and Efficiency in Mega-Litigation explores the phenomenon of extremely long-running, resource-intensive civil litigation known as 'mega-litigation'. Such litigation challenges the courts to reconcile the objectives of justice and efficiency – for the parties to the case and for the community. Drawing on interviews with judges of the courts of England and Wales, and of Australia, this book shows how judges have responded to these challenges. It situates mega-litigation within broader developments in civil procedure and case management, as well as theoretical debates about the role of courts and the purpose of civil procedure. The book highlights the importance of intensive, creative and flexible case management; focus on the issues in dispute; and, ultimately, each judge's expert intuition.

Third Party Funding for Dispute Resolution
Third Party Funding for Dispute Resolution

Author: Beibei Zhang

Publisher: Springer Nature

Published: 2021-03-25

Total Pages: 232

ISBN-13: 9811610959

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This book represents a comparative study of Third Party Funding (TPF) and its regulation in England, Hong Kong, Singapore, the Netherlands and the Mainland of China. It provides a general review of the background in which TPF grows and the platform where third party funders are allowed to operate. In each and every chosen jurisdiction, the book analyses the legal risks related to TPF, the regulatory measures and the questions surrounding the challenges that lay ahead. This book is featured by the empirical study of the Chinese TPF market. As of the time of this writing, TPF activities operating in China have not been expanded upon in English or Chinese literature. The language barrier may be one reason. The lack of empirical materials may also contribute to this situation. In order to obtain some first-hand evidence of the TPF market in China, the author conducted empirical research in Shenzhen, with the assistance of Chinese third party funders and some local organizations and authorities. The empirical study took the form of questionnaire surveys. The first survey saw in total 175 responses, and the second saw 18 responses. Due to the fact that many funding arrangements for commercial disputes are kept in the dark, it is hard, if not impossible, to measure the size of the Chinese TPF market. This study provides a dataset that serves a humble purpose; namely to offer an insight into the Chinese TPF market, rather than to grasp the full picture of the industry.

English Civil Justice after the Woolf and Jackson Reforms
English Civil Justice after the Woolf and Jackson Reforms

Author: John Sorabji

Publisher: Cambridge University Press

Published: 2014-06-26

Total Pages: 283

ISBN-13: 1139952684

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John Sorabji examines the theoretical underpinnings of the Woolf and Jackson reforms to the English and Welsh civil justice system. He discusses how the Woolf reforms attempted, and failed, to effect a revolutionary change to the theory of justice that informed how the system operated. It elucidates the nature of those reforms, which through introducing proportionality via an explicit overriding objective into the Civil Procedure Rules, downgraded the court's historic commitment to achieving substantive justice or justice on the merits. In doing so, Woolf's new theory is compared with one developed by Bentham, while also exploring why a similarly fundamental reform carried out in the 1870s succeeded where Woolf's failed. It finally proposes an approach that could be taken by the courts following implementation of the Jackson reforms to ensure that they succeed in their aim of reducing litigation cost through properly implementing Woolf's new theory of justice.

Creon's Ghost Law Justice and the Humanities
Creon's Ghost Law Justice and the Humanities

Author: Tomain

Publisher: Oxford University Press

Published: 2009-02-16

Total Pages: 344

ISBN-13: 0190450452

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Creon's Ghost examines the enduring problem of the relationship between man's law and a "higher" law from the perspective of core humanities texts and through discussion of hotly debated contemporary legal conundrums. Today, such issues as intelligent design in school curricula, same-sex marriage, and faith-based government grants are all examples of the interaction between man's law and some other set of moral principles. As these debates are considered in this book, the author uses texts such as Antigone and Plato's Republic and pairs them with the most important jurisprudence texts of the 20th century to explore different approaches to the contemporary conflict or court ruling under consideration. Creon's Ghost demonstrates that the humanities can both illuminate our understanding of contemporary problems and that "classic" texts can be read alongside jurisprudential texts, thus enriching our understanding of and appreciation for law.

The Justice Motive in Adolescence and Young Adulthood
The Justice Motive in Adolescence and Young Adulthood

Author: Claudia Dalbert

Publisher: Routledge

Published: 2004-08-02

Total Pages: 284

ISBN-13: 113437349X

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This book provides a unique overview of the development of justice-related beliefs in different socialization contexts, and also of the role this plays in protecting mental health and promoting career development for adolescents and young adults. A range of European contributors bridge the conceptual gap between social and developmental psychological perspectives and use a number of original case-studies. This book provides new insights for justice psychology and adds new and important perspectives to studies on youth development.

Costs Associated with First-Time Homelessness for Families and Individuals
Costs Associated with First-Time Homelessness for Families and Individuals

Author: Brooke Spellman

Publisher: DIANE Publishing

Published: 2010-10

Total Pages: 232

ISBN-13: 1437933890

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Examines costs associated with the use of homeless and mainstream service delivery systems by families and individuals experiencing homelessness for the first time in six study communities. Assigning costs to public programs is a first step toward developing measures of the value of public interventions compared to the public costs incurred by ignoring or avoiding the problems those interventions are intended to address. The study finds that the experience of homelessness is diverse and the associated costs vary tremendously depending on the pattern of homelessness and family or individual status. It is not, however, a study of either cost-effectiveness or quality of care, but rather a calculation of costs associated with homelessness. Illustrations.