On civil procedure / J.A. Jolowicz.

Format:

Book

Author/Creator:

Jolowicz, J. A. (John Anthony), author.

Series:

Cambridge studies in international and comparative law (Cambridge, England : 1996) ; 13.

Cambridge studies in international and comparative law ; 13

Language:

English

Subjects (All):

Civil procedure--Great Britain.

Civil procedure.

Great Britain.

Physical Description:

1 online resource (xv, 425 pages) : digital, PDF file(s).

Place of Publication:

Cambridge : Cambridge University Press, 2000.

System Details:

text file

PDF

Summary:

Professor Jolowicz's comparative analysis of civil procedure concentrates on the purposes served by the institution of litigation rather than on the intentions of those who litigate. Stressing that those purposes go beyond mere dispute resolution by non-violent means, Jolowicz surveys a variety of topics of procedural law, making substantial use of the comparative method, in the attempt to examine and explain the ideas which underlie some of the most important of its constituent elements. In the final section, he deals with the reform of English law and ventures a prediction of the consequences that the new Civil Procedure Rules, together with the reforms which more or less immediately preceded them, will have on the character of English procedural law.

Contents:

I. The litigation process

1. Civil litigation

2. Some twentieth-century developments in Anglo-American civil procedure

3. On the nature and purposes of civil procedural law

4. The dilemmas of civil litigation

II. Protection of diffuse, fragmented and collective interests

5. Introduction

6. Aspects of U.S. and French law

7. English law

III. Procedural modes

8. Civil and administrative procedure

9. Adversarial and inquisitorial approaches to civil litigation

IV. The parties and the judge

10. Da mihi factum dabo tibi jus: a problem of demarcation in English and French law

11. Fact-finding

12. The expert, the witness and the judge in civil litigation: French and English law

13. The use by the judge of his own knowledge (of fact or law or both) in the formation of his decision

V. Recourse against judgments

14. Civil appeals in England and Wales

15. Appeal, cassation, amparo and all that: what and why?

16. Managing overload in appellate courts: 'Western' countries

VI. Procedural reform

17. 'General ideas' and the reform of civil procedure

18. Reform of English civil procedure: a derogation from the adversary system?

19. The Woolf reforms.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Other Format:

Print version:

ISBN:

9780511549540

Access Restriction:

Restricted for use by site license.