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The Civil Procedure Rules Ten Years On
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The Civil Procedure Rules Ten Years On

Déirdre Dwyer

Abstract

Ten years after the Civil Procedure Rules changed the landscape of civil justice in England and Wales, this book presents an analysis, by some of the leading judges, academics, and practitioners involved in civil litigation in the UK, of the effectiveness of the Woolf Reforms, and the challenges facing civil procedure today. The book includes sections on the nature of the CPR as ‘a new procedural code’, case management, costs and funding, civil evidence (including the changes to expert evidence under the CPR), alternative dispute resolution, the influence of the CPR on reforms in civil law jur ... More

Keywords: Civil Procedure Rules, civil justice, civil litigation, Woolf Reforms, Access to Justice inquiry, CPR

Bibliographic Information

Print publication date: 2009 Print ISBN-13: 9780199576883
Published to Oxford Scholarship Online: March 2012 DOI:10.1093/acprof:oso/9780199576883.001.0001

Authors

Affiliations are at time of print publication.

Déirdre Dwyer, Editor
University of Oxford

Contents

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Front Matter

Title Pages

Foreword

Preface

Acknowledgements

Notes on Contributors

Table of Cases

Table of Legislation

1 Introduction

Part I ‘A New Procedural Code’?

2 The Woolf Reforms: A Singular Event or an Ongoing Process?

3 Civil Litigation: What is it For?

4 What is the Meaning of CPR r 1.1(1)?

Part II Case Management

5 ‘Actively’: The Word that Changed the Civil Courts

6 Litigation Management under the CPR: A Poorly-used Management Infrastructure

7 Group Litigation, Class Actions, and Collective Redress: An Anniversary Reappraisal of Lord Woolf’s Three Objectives

Part III Costs and Funding

8 A Blot on the Landscape

9 Costs Orders as a Case Management Tool

10 Costs Shifting, Security for Costs, and Class Actions: Lessons from Elsewhere

11 Litigation, Cost, Funding, and the Future

Part IV Civil Evidence

12 CPR r 32.1(2): Case Management Tool or Broad Exclusionary Power?

13 Disputes of Fact in Interim Applications

14 Proportionality and Suitability of the Disclosure Regime under the CPR

15 Experts and Woolf: Have Things Got Better?

16 The Role of the Expert under CPR Pt 35

Part V Alternative Dispute Resolution

17 ADR after the CPR: Have ADR Initiatives Now Assured Mediation an Integral Role in the Civil Justice System in England and Wales?

18 Alternative Dispute Resolution, the Threat of Adverse Costs, and the Right of Access to Court

Part VI The CPR and Europe

19 Civil Procedure in the European Order: An Overview of the Latest Developments

20 The Influences of the CPR on Civil Procedure and Evidence Reform in the Netherlands

21 The Ethos of the Woolf Reforms in the Transformations of Post-socialist Civil Procedures: Case Study of Poland

Part VII Experiences of the CPR

22 The Woolf Reforms: What’s the Verdict?

23 The Civil Procedure Rules Ten Years on: The Practitioners’ Perspective

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

End Matter

Index