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The Civil Procedure Rules Ten Years On$
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Déirdre Dwyer

Print publication date: 2009

Print ISBN-13: 9780199576883

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199576883.001.0001

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Some Thoughts on the First Seven and a Half Years of the CPR

Some Thoughts on the First Seven and a Half Years of the CPR

(p.452) (p.453) 24 Some Thoughts on the First Seven and a Half Years of the CPR
The Civil Procedure Rules Ten Years On

Henry Brooke

Oxford University Press

This chapter considers Sir Henry Brooke's experiences during the time when he was playing a leading role in interpreting the Civil Procedure Rules (CPR) in the Court of Appeal between 2000 and 2006. It presents what he sees as being the role of the appellate courts under the CPR, and the limited role that should be played by the House of Lords. It also considers the relationship between the Court of Appeal and the Civil Procedure Rule Committee (CPRC) in developing the law on civil procedure, the extent to which the Court of Appeal's procedural decisions should have precedential value, and the extent to which the overriding objective gives ‘trial judges’ a wide discretion to interpret the other rules, effectively freeing them from precedent and from appellate review.

Keywords:   Henry Brooke, Civil Procedure Rules, CPR, House of Lords, Court of Appeal, Civil Procedure Rule Committee, CPRC, civil procedure

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