【英国民事司法改革 第2版】
The Reform of Civil Justice, 2nd ed. '18
目次
Foreword by the Lord Chief Justice Foreword to first edition by the Master of the Rolls Note on the Parliamentary process prepared by Lord Faulks QC for the first edition Preface List of abbreviations and terms Tables of cases, statutes and statutory instruments Part 1: Civil justice reform in the nineteenth and twentieth centuries 1. The role of civil justice, the importance of procedure and controlling costs 2. A brief history of civil justice reform 3. Lord Woolf's reforms Part 2: The Review of Civil Litigation Costs 2009 - Proposals and Implementation 4. The Civil Litigation Costs Review in 2009 and proposals for reform 5. The organising principle - proportionality 6. Implementation Part 3: Funding 7. Conditional fee agreements, after-the-event insurance and increased damages 8. Damages-based agreements 9. Other forms of funding Part 4: Consensual settlement 10. Pre-action protocols 11. Alternative dispute resolution 12. Part 36 offers Part 5: The management of litigation 13. Case management and effective use of information technology 14. Disclosure 15. Factual and expert evidence 16. Costs management 17. Appeals Part 6: Particular categories of litigation 18. Qualified one-way costs shifting in personal injury litigation and possibly other areas 19. Referral fees in personal injury litigation 20. Intellectual property, small businesses, defamation/privacy, judicial review, clinical negligence and other specialist areas Part 7: Quantifying costs 21. Fixed recoverable costs 22. Detailed assessment 23. Summary assessment Part 8: The Briggs reviews 24. The Chancery Modernisation Review 25. The Civil Courts Structure Review Part 9. The Courts Modernisation Programme 26. A brief history of the court estate 27. The HMCTS Reform Programme 28. Lessons from the process 29. Where next? Appendix Bibliography