The Civil Procedure Rules at 20

by Andrew Higgins (Editor)

Overview

Civil Procedure Rules at 20 is a collection of presentations and papers to mark the 20th anniversary of the CPR coming into force, many of which were delivered orally at the CPR at 20 Conference at the Bonavero Institute of Human Rights, at Mansfield College, Oxford, in 2019. The presentations and papers have been edited and extended to provide a permanent record available to a wider audience.

The book is dedicated to examining key challenges and changes facing the civil justice system, marking the 20th anniversary of the current civil procedures governing civil litigation in England and Wales. It addresses a range of technical, political, and controversial subjects on access to justice and the rules governing civil litigation, including the digitization of the justice system and the future role of artificial intelligence; the emergence of class actions; disclosure rules and reform; restrictions on Judicial Review challenges to Government decisions; closed material proceedings; and efforts to make the costs of civil litigation more affordable and proportional, including the availability of legal aid.

With a Foreword by Lord Briggs, the contributions come from those best qualified to tell this story, from senior judges, practitioners, and leading academic scholars each with their own unique perspective.

Product Details

ISBN-13:	9780198863182
Publisher:	Oxford University Press
Publication date:	11/28/2020
Pages:	352
Product dimensions:	9.30(w) x 6.30(h) x 1.10(d)

About the Author

Andrew Higgins is an Associate Professor of Civil Procedure at the Faculty of Law and Mansfield College, University of Oxford. He has published on a wide range of English procedure related topics including class actions, judicial bias, disclosure, case management, and costs and funding and has also published Legal Professional Privilege for Corporations: A Guide to 4 Major Common Law Jurisdictions (Oxford University Press 2014).

Table of Contents

Part I: Introduction1. The Civil Procedure Rules Twenty Years On: The Practitioners' Perspective, Damien Byrne Hill and Maura McIntosh2. Keep Calm and Keep Litigating, Andrew HigginsPart II: Judicial Presentations3. Rule-Making For a Digital Court Process: The Civil Procedure Rules, Terence Etherton4. Discovery: To Disclosure and Beyond, Peter Coulson5. Transformation from First Principles, Ernest Ryder6. Interventions in Judicial Review Proceedings, Nathalie Lieven7. National Security, Closed Material Procedures, and Fair Trials, Martin Chamberlain8. Civil Justice Reform: Where Next?, Rupert Jackson9. Reflections from Former Masters of the Rolls on Managing Civil Justice, Kate O'ReganPart III: Collective Redress10. Taking Stock of the Collective Proceedings Regime in the Competition Appeal Tribunal - A Successful Compromise?, Stephen Wisking and Ruth Allen11. Lord Woolf, Multi-Party Situations, and Limitation Periods, Rachael MulheronPart IV: Disclosure12. Disclosure: Should We Have Stayed with the RSC?, Charles Hollander13. Proportionality and Search-based Disclosure, Stuart SimePart V: Judicial Review14. The Use of Empirically Based Information when Reforming and Evaluating Judicial Review, Maurice Sunkin15. 1. Reforming Judicial Review Costs Rules in an Age of Austerity, Joe Tomlinson & Alison PickupPart VI: Costs and Funding16. The Overriding Principles of Affordable and Expeditious Adjudication, Rabeea Assy17. The Long Struggle for Fixed Cost Reform, John SorabjiPart VII: National Security18. A Core Irreducible Minimum? The Operation of the AF (No. 3) Duty in the Closed Material Procedure, Hayley J. HooperPart VIII: Technology19. Reform of Civil Justice, Richard Goodman20. Artificial Intelligence in the Administration of Justice, Adrian Zuckerman

Editorial Reviews

"Andrew Higgins' superbly edited Civil Procedure Rules at 20 will be of considerable interest to any practitioner. I have found it both thought-provoking and a book that made me reflect upon my own bad practice – no bad thing at all. I therefore wholeheartedly commend Civil Procedure Rules at 20." — Russell J Kelsall, Solicitor, Student Law Journal

From the Publisher