The book compares the main rules of procedure that govern the conduct of civil cases in countries of the South Pacific region and explains their practical application in the context of the courts in which they operate. The text focuses on the rules that apply and on the High Court (Civil Procedure) Rules of 1964, which apply in the superior courts of Kiribati, Tuvalu and Solomon Islands, and the rules that apply in the superior courts of the Fiji Islands, Samoa and Tonga. It also fully discusses the new rules of civil procedure that are currently being introduced in Vanatu. The text describes recent changes to regional civil procedure rules and suggests further reforms. Legislative and case law developments are also discussed. This book is designed for use by legal practitioners and anyone interested in civil procedure in the South Pacific region. It will also be of use to teachers and students of South Pacific civil procedure, both at degree level and in professional legal training programmes.
Author: Stephen Gerlis
Release Date: 2012-12-06
1999 saw the greatest revolution in civil practice and procedure for over 100 years with the introduction of the civil Procedure Rules and Practice Directions. Introduced as a result of Lord Woolf's report on the reform of the civil courts' Access to Justice, the new rules have revolutionized the way that civil disputes are now resolved. The emphasis is now on settlement and co-operation between the parties under the umbrella of the Overriding Objective. Also introduced was the principle of the proportionality, a new concept to civil practice. Reforms have also been carried out on contentious areas such as Experts, Disclosure and Costs. Case management has now been taken out of the hands of the lawyers and put firmly in the hands of the courts. As with any radical change in legal practice, teething problems have had to be dealt with and since the new rules were introduced there have been many amendments both to the rules and the Practice directions, as well as a whole new body of case law. It is imperative to all those in practice affected by such immense changes that they are put into an accessible format - and this new edition does exactly that. An invaluable and practical guide to the new procedures, it does not merely document the newest developments but also puts them in context of their practical application. Concise and extremely affordable this book will enable the busy practitioner to grasp the fundamental points with ease.
Author: Jonathan Michie
Release Date: 2014-02-03
Genre: Social Science
This 2-volume work includes approximately 1,200 entries in A-Z order, critically reviewing the literature on specific topics from abortion to world systems theory. In addition, nine major entries cover each of the major disciplines (political economy; management and business; human geography; politics; sociology; law; psychology; organizational behavior) and the history and development of the social sciences in a broader sense.
Author: William Rose
Publisher: OUP Oxford
Release Date: 2012-05-17
Pleadings Without Tears has become established as one of the most successful books on practical legal drafting in the context of litigation. This new eighth edition is fully updated to take account of Civil Procedure Rule (CPR) changes since the last edition. The book takes a practical and insightful look at the subject of legal drafting, enabling the reader to become more confident in approaching this often unnecessarily daunting subject. It focuses on core skills and fundamental rules while clearly addressing each stage of the process and goes beyond a straightforward setting out of the precedents and authorities relevant to statements of case. It gives clear examples of how to set out relevant matters with clarity and precision and encourages the reader to give full consideration to concise and clear identification of the subject matter of the action, the issues of the case and the parties' respective positions in respect to those issues. With a wealth of practical examples and anecdotes - and illustrated throughout with cartoons - the light and entertaining style, combined with detailed analysis and explanation, enables the reader to easily acquire a good understanding of drafting.
Author: C. H. van Rhee
Publisher: Intersentia nv
Release Date: 2005
"[Explores] some of the main trends in the development of civil procedural law during the last two centuries in several European countries (Germany, Austria, Switzerland, France, England and Wales, the Netherlands and Belgium). Two of the central issues that are addressed ... are the extent to which the various procedural models have influenced each other and the extent to which common traditions in civil procedural law may be distinguished in Europe. Each general chapter ... is supplemented by three chapters devoted to specific procedural topics: conciliation, party interrogation as evidence, and the role of the judge"--P.  of cover.
Author: Stuart Sime
Publisher: Oxford University Press, USA
Release Date: 2007
Any lawyer practicing in the civil courts in England and Wales needs a thorough grasp of practice and procedure, and the rules of practice as applied by the courts. Taking a pragmatic rather than an academic approach to the topic, A Practical Approach to Civil Procedure provides a comprehensive commentary on all the major areas of civil litigation. Designed to cover points that are likely to arise in day-to-day practice, the text explains the various procedures that must be followed as a claim progresses from its early stages through its interim stages, and on to trial, enforcement, and possible appeal. This tenth edition has been revised in the light of recent developments in the law and practice, and also to take into account feedback from readers. Online Resource Center An updated test bank accompanies the tenth edition, offering 60 multiple choice questions and answers to help lecturers assess their students' progress.
Author: Prof Stuart Sime
Publisher: OUP Oxford
Release Date: 2012-09-20
Providing detailed commentary of unrivalled quality on the process of civil litigation, this is the only major civil work to adopt a narrative approach based on the chronology of a claim. Written by a team of expert practitioners and academics, it provides authoritative analysis on the process of civil litigation from commencement of a claim to enforcement of judgments, addressing civil procedure in the county courts, the High Court, the Court of Appeal, and the Supreme Court. The book also considers more specialist matters such as insolvency proceedings, sale of goods, and human rights, providing expert analysis on a comprehensive level. Commentary is combined with the text of the Civil Procedure Rules (CPR), Practice Directions (PD), and Pre-Action Protocols and Procedural Checklists, all fully cross-referenced to the text to ensure ease of use for the busy practitioner. As well as a detailed and user-friendly index the quick-reference guide inside the front cover provides an alternative point of access for those more familiar with the CPR. Also available, Blackstone's Civil Practice: The Commentary 2013 is a concise new book providing the unique commentary independently from the CPR, PD and other appendix materials. Electronic versions of the Procedural Checklists in Blackstone's Civil Practice 2013 are available from IRIS Laserform.
Author: Nigel Meeson
Publisher: Taylor & Francis
Release Date: 2013-06-19
Admiralty Jurisdiction and Practice is the definitive work on litigation in the Admiralty Court, providing in depth analysis and explanation of jurisdiction, practice and procedure, forms and precedents. It deals with several issues, not covered elsewhere, including the impact of insolvency, the interplay between the jurisdiction and practice, the series of rules on jurisdiction laid down by international conventions , limitation periods and collision action rules. The fourth edition has been updated comprehensively to include new case law and changes in Commercial Court practice and procedure. Admiralty Jurisdiction and Practice is an invaluable reference source for anyone concerned with admiralty law.
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.'
This new edition of a well-established book is a timely response to the enactment during the past 3 to 5 years of new rules of civil procedure which are now in force, or are soon coming into force in the vast majority of Caribbean jurisdictions. The third edition has been substantially revised and augmented to take into account the revision of the rules and covers the new rules in detail. The book also provides coverage of the recent case-law coming out of Jamaica and the Organisation of Eastern Caribbean States (OECS), under the new rules of civil procedure. This book is essential reading for students of Commonwealth Caribbean law as well as anyone wishing to get to grips with the new rules of civil procedure.