Civil Litigation Assignment Sample

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Introduction of Civil Litigation Assignment

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In the judiciary system, there have been two kinds of cases are filed by person mostly that are resolved under these systems such as civil procedure and criminal procedure code. The Judiciary system has more responsibility to resolve the disputes. Some civil procedure rules are explained in the report briefly. Civil litigation procedures and forms are also to be described in the report. After this, some main causes behind the introduction of CPR and views of the law commission about this are also mentioned in this report. At the end part of this report, the major impacts of ADR on the civil litigation process are also explained in this report and its meaning, advantages, disadvantages, and reasons 66for its implementation are mentioned effectively. So, in this manner this reports some civil procedure rules 1998 and its litigation procedure is explained. With the help of this report, it can be easily identified that civil procedure rules 1998, has resulted in a less adversarial legal environment and reduced the litigation process.

Civil Procedure Rules, 1998

Civil procedure Act was with some rules introduced in the year 1997. The rules of civil procedure were implemented by the court of appeal, the high court of justice, and the county court regarding civil cases in England and Wales. These rules replaced the rules of the supreme court and county court rules. It is the statutory instrument listing the rules. The main aim behind introducing the civil procedure rules is to make cheaper, quicker 9and easier access to justice for persons who are not lawyers. (Kennedy, G.J., 2018) As result, many legal terms were replaced in law such as claimant for Plaintiff and witness summons for the subpoena. These rules were implemented mainly the aid in the implementation of specific rules and provisions and to guide the reader where no specific rules are implemented. (Van Rhee, C.H., 2018)

The purpose of making this civil procedural rule is to make a procedural code whose intervening aim is to help the courts to deal with cases in a just manner. The overriding objective claims to ensure that parties related to the case deal with unbiased, cases can be proceeded in the simplest manner and cost effective, it can be easily understood by the persons who implement this. (Lavie, S. and Tabbach, A., 2018)

Overriding Objective

Civil procedural rules are the new procedural rules for providing aid to the courts in their dealing of cases and with the help of these rules’ courts can deal justly in case. Dealing in just manner involves some specific points such as parties should be on equivalent stage, saving the expenditures, dealing with the case according to the amount involved in the case, the importance of the case, the difficulty of problems, creditworthiness of each party. It should be ensured that every case will be 66dealt fairly and expeditiously. Under this 9rule court must seek to give impact to the overriding aims when it implements any power given to it by the rules or explained any rule. There is the duty of parties to assist the court to further the overriding objective. (Lavie, S. and Tabbach, A., 2018)

Implementation and interpretation of the rules

These rules implement in the proceedings of county courts, the high court, and the civil division of the court. But these rules are not implemented in the proceedings of insolvency act, noncontentious, high court's proceedings when it acts like prize court. Proceedings in front of the judge within the meaning of part 7 of the mental health Act and family proceedings. (Zhang, A., 2021)

Civil procedure litigation meaning

The civil procedure has the rules by which courts conduct the civil proceedings. Civil proceedings are conducted for the civil cases under which one party claims some rights or obligations against another party and it is different from the criminal proceedings. Even 6criminal law courts or states prosecute an individual or person for the violation of criminal law. Under civil litigation, the disputes include 6individuals and their rights. It involves contracts, quasi contracts, civil wrongs and tort law, property law, and many other laws. Under this kind of litigation, there are mostly two parties are involved. In this litigation parties mostly claims the monetary damages and specific performance of a thing.

In the civil litigation concept, the procedure of resolving the civil matters is involved; criminal cases are not to be involved in this litigation. Civil cases are mainly related to individual and business cases against another individual or business. The main aim of civil procedure is to render fair and just means of solving the civil disputes that arise between the parties. It also provides an efficient manner of processing the cases. Civil cases mainly include the issues or matters related to the person or private disputes even criminal cases involve the acts that are considered to be harmful to the society or public and offenses are included in the criminal cases. There are some kinds of civil litigation such as business torts, civil rights, civil procedure, civil remedies, product liability, and professional malpractice. (Close, C., 2019)

Civil procedure rules implemented to all kinds of cases that are commenced after 26 April 1999, and they replaced the rules of the Supreme Court and the county court. Practice direction is an additional protocol to rules of civil and criminal procedures in the courts. It is like a device to control minor issues. It can be as an official announcement by the court regarding the implementation of any rule and its functioning. (Provenzano, S.E. and Larson, B.N., 2019)

Reasons for introducing Civil Procedure Rules

The main aim behind the introduction of the civil procedure rule is to make a procedural code whose objective is to enable the courts to deal in a just and fair manner. The overriding objective is to ensure the parties who are related to the case are dealt with in a fair and just manner and cases or issues can be resolved smoothly without any interruption; cases can be cost effective so, any other person can understand the rules and law easily.

Civil procedure rules were introduced to make better the legal proceedings, provide the people a quicker, cheaper, and easier way to understand the core aim of these rules. Many legal terms were replaced after the implementation of these rules. (Kochenov, D. and Bard, P., 2018) The civil procedure Act was enacted in 1997; this act provides the power to introduce the rules of civil procedure. Civil justice council is also established under this act. Under the body of the civil justice council judiciary, members of legal professionals, civil servants are involved. The civil procedure rules were made on 10 December 1998 and it was enforced on 26th April 1999.

Views of law commission

The law commission is the statutory body that is independent and that is made by the law commission Act. The objective of this commission is to keep the law of England and Wales under review. It also recommends the reformation for the law commission whenever requires. The main aim of the law commission is to ensure fair and modern law. The law commission drafted a code of civil procedure and advised many reforms in the process of civil suits. There was the first law of commission that drafted a bill on the limitation law and important report on it and handover it to the government. Members of the law commission are independent and commissioners are legally trained, they achieved many successes in form of many Acts.

 According to the law commission, there are two kinds of laws are established in society such as substantive law and other is procedural law. Under the substantive law rights and obligations of citizens are identified and on the other hand procedural law describes the implementation process of these laws that were made for the citizen and their benefits. These both are depended on each other as the efficacy of substantive law is depends on the quality of procedure law. According to this procedural law should be simple and less expensive so substantive law can be implemented effectively in any case. In this manner, the Law commission renders their views and suggested many laws under Civil Act. It also prescribed some rules.

Impact of ADR on the civil litigation process

Alternative Dispute Resolution is a system that renders a system under which any dispute or matter can be resolved outside the courtroom. It is a system that provides many methods with the help of the parties that can easily solve their issues without going to court. There are some kinds of ADR systems such as arbitration, conciliation, mediation, judicial settlement, and Lok Adalat. This system is more effective because it provides inflexibility and a cheap manner of solving the issues of the parties. It was considered that the ADR system has the most important in resolving the disputes rather than court. People can easily resolve their issues without any court proceedings. It involves some mutual understanding and comptonization in solving the problems. It is the most effective way to solve the cases and it is also suggested by the court if parties mutually resolve their issues under this kind of ADR system. (Helberger, N., 2020)

Meaning of ADR system

This term has a wide meaning as its full form is the Alternative Dispute Resolution system. It means parties related to the case can easily and in a simple manner resolve their disputes through their solicitor. In this method, one person is to be involved who is an independent and third party in the case, and act as a mediator or adjudicator. There are many kinds of resolution procedures. In this process, the mediator acts as an unbiased person and facilitates some suggestions to make a settlement for the case. Parties can also appoint an adjudicator to reach a final decision or solution in their case and it can be done informally. These people assist to determine the strengths and weaknesses of their issues. There is an organization named CEDR that facilitates some sophisticated facilities for such kinds of settlement meetings. (Engstrom, D.F. and Gelbach, J.B., 2020)

Impact of ADR system

There are many advantages of the ADR system as it is a quicker, easier, better, and cost effective method than litigation. This system of resolving the issue can be faster because it neglects the discovery and long litigation procedure. It is also a better option because it provides alternative remedies for solving any dispute. It is also a less expensive procedure because it does not include any documentation and any other legal proceedings, court expenses. It is a flexible dispute resolution procedure. Briefly, it can be stated that the ADR system facilitates access to justice, reinforces the rule of law and democratic governance. It also contributes to economic prosperity, a fair method of resolving the dispute, more cohesive society.

Several cases are pending. The main reason behind the huge pendency of cases is the filing of new cases every year. Due to this backlog of cases has increased. To reduce the pendency of cases and for the judiciary system and government implemented the proactive approach. In this system some ways were adopted such as specialized courts, speeding up the procedures, and enhancing the number of judges. Under the civil act, some procedure of resolving disputes including the Alternative Dispute Resolution system is involved. This resolution system is extra judicial in nature and it can be implemented in any kind of cases such as civil, commercial, partnership, intellectual partnership, personal injury, family, insurance, industrial, and product liability. (Keshavjee, M.M., 2020)

Conclusion

In the abovementioned report, the focus has been made on the civil procedure code 1998 and its impact on the judiciary system. Some rules under the civil procedure code are explained in the report and its advantages are also mentioned in the report. Specific forms are also described in the report. Some forms required under CPR are also mentioned in this report. Some corresponding directions are also made in the report. There are some reasons and contentions are made in the report behind the introduction of the civil procedure rule. After this, some views of the law commission are mentioned and the impact, meaning of the ADR system on the civil litigation process is also described in the report. In this manner, this report explained many things about the civil procedure rules 1998. The given statement explains the fact about the civil procedure rule that it reduces the adversarial legal environment and long litigation proceedings. It is evaluated in this report.

References

Closa, C., 2019. The politics of guarding the Treaties: Commission scrutiny of rule of law compliance. Journal of European Public Policy26(5), pp.696-716.

Engstrom, D.F. and Gelbach, J.B., 2020. Legal Tech, Civil Procedure, and the Future of Adversarialism. U. Pa. L. Rev.169, p.1001.

Helberger, N., 2020. The political power of platforms: How current attempts to regulate misinformation amplify opinion power. Digital Journalism8(6), pp.842-854.

Kennedy, G.J., 2018. Rule 2.1 of Ontario’s Rules of Civil Procedure: Responding to Vexatious Litigation While Advancing Access to Justice?. Windsor Yearbook of Access to Justice/Recueil annuel de Windsor d'accès à la justice35, pp.243-303.

Keshavjee, M.M., 2020. Alternative dispute resolution in a Muslim community: The Shia Imami Ismaili conciliation and arbitration boards. In Migration, Diasporas and Legal Systems in Europe (pp. 73-85). Routledge-Cavendish.

Kochenov, D. and Bard, P., 2018. Rule of law crisis in the new member states of the EU: The pitfalls of overemphasising enforcement.

Lavie, S. and Tabbach, A., 2018. Litigation Signals. Santa Clara L. Rev.58, p.1.

Provenzano, S.E. and Larson, B.N., 2019. Civil Procedure as a Critical Discussion. Nev. LJ20, p.967.

Van Rhee, C.H., 2018. Case management in Europe: A modern approach to civil litigation. IJPL8, p.65.

Zhang, A., 2021. Some Issues Concerning Civil Procuratorial Supervision—Take the Rules of Civil Litigation Supervision of the People's Procuratorate as an Object. International Journal of Frontiers in Sociology3(8).

 

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