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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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Civil Litigation: What is it For?

Civil Litigation: What is it For?

(p.50) (p.51) 3 Civil Litigation: What is it For?
The Civil Procedure Rules Ten Years On

JA Jolowicz

Oxford University Press

This chapter considers the roles and purposes of the institution of civil litigation in the 21st century. In England, civil litigation incorporates all forms of litigation except the criminal; proceedings against public authorities including those by way of the application for judicial review and proceedings relating to taxation are classed as civil. It is a widely shared opinion that the purpose of civil litigation is the resolution of civil disputes. This chapter argues that its origin lies in the need for the provision by the state of a non-violent alternative to self-help. That need has long ceased to exist, but nevertheless civil litigation retained until recently a virtual monopoly of organized dispute settlement.

Keywords:   civil litigation, England, judicial review, taxation, civil disputes, dispute settlement

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