English civil justice after the Woolf and Jackson reforms : a critical analysis / John Sorabji.
2014
KD7325 .S67 2014 (Mapit)
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Details
Author
Sorabji, John, 1972-
Title
English civil justice after the Woolf and Jackson reforms : a critical analysis / John Sorabji.
Imprint
Cambridge : Cambridge University Press, 2014.
Description
xii, 270 pages ; 24 cm
Formatted Contents Note
The crisis in civil justice
Substantive justice and the RSC
Bentham, substantive justice is no end in itself
Woolf's new theory: a traditionalist view
The overriding objective: a new theory of justice (I)
The overriding objective: a new theory of justice (II)
Problems of proportionate justice.
Substantive justice and the RSC
Bentham, substantive justice is no end in itself
Woolf's new theory: a traditionalist view
The overriding objective: a new theory of justice (I)
The overriding objective: a new theory of justice (II)
Problems of proportionate justice.
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"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Location
STA
Call Number
KD7325 .S67 2014
Language
English
ISBN
9781107051669 hardback
1107051665 hardback
1107051665 hardback
Record Appears in
Monographs & Serials