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English civil justice after the Woolf and Jackson reforms : a critical analysis / John Sorabji.
- Format:
- Book
- Author/Creator:
- Sorabji, John, 1972- author.
- Language:
- English
- Subjects (All):
- Woolf, Harry, Sir, 1933-.
- Woolf, Harry.
- Jackson, Rupert M.
- Civil procedure--Great Britain.
- Civil procedure.
- Justice, Administration of.
- History.
- Great Britain.
- Justice, Administration of--Great Britain--History.
- Constitutional law--Great Britain.
- Constitutional law.
- Law reform--Great Britain.
- Law reform.
- Physical Description:
- 1 online resource (xii, 270 pages) : digital, PDF file(s)
- Other Title:
- English Civil Justice after the Woolf & Jackson Reforms
- Place of Publication:
- Cambridge : Cambridge University Press, 2014.
- System Details:
- text file
- Summary:
- 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.
- Contents:
- Part I. Theories of Justice: 1. The crisis in civil justice
- 2. Substantive justice and the RSC
- 3. Bentham: substantive justice is no end in itself
- Part II. Woolf's new theory of justice
- 4. Woolf's new theory: a traditionalist view
- 5. The overriding objective: a new theory of justice (I)
- 6. Woolf's new theory of justice (II)
- Part III. Implementation
- 7. Problems of proportionate justice.
- Notes:
- Title from publisher's bibliographic system (viewed on 05 Oct 2015).
- Other Format:
- Print version:
- ISBN:
- 9781107280113
- Access Restriction:
- Restricted for use by site license.
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