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Books > Law > Laws of other jurisdictions & general law > Civil law (general works)
This is a fresh and stimulating book on new challenges for civil
justice. It brings together leading experts from across the world
to discuss relevant topics of civil justice from regional,
cross-border, international and comparative perspectives. Inter
alia, this book will focus on multinational rules and systems of
dispute resolution in the era of a global economy, while also
exploring accountability and transparency in the course of civil
justice. Transnational cooperation in cross-border insolvency,
regionalism in the process of recognition and enforcement of
foreign titles, and the application of electronic technologies in
judicial proceedings, including new types of evidence also play a
major role.Technology, the Global Economy and other New Challenges
for Civil Justice is a compact and accessible overview of new
developments in the field from across the world and written for
those with an interest in civil justice.
This book is about those who represent themselves as Litigants in
Person in the family justice system. It calls for a refocusing of
the debate about the historical challenges associated with
Litigants in Person as well as the role they should play within the
family justice system in England and Wales. Drawing together
interviews with Litigants in Person and decades of research into
self-representation from across multiple jurisdictions, this book
provides an account of the family justice system through the eyes
of its users. It employs an innovative socio-legal framework
comprising feminist theory, a Bourdieusian theory of class,
vulnerability theory, and actor-network theory to explore the
journey that Litigants in Person take through the legal, cultural
and social context of the family court. It provides fresh insight
into the diverse challenges that people face within this process
and how these relate to wider pressures within the family justice
system. It argues that there are important lessons to be learned
from Litigants in Person. By understanding how and why people come
to the point of self-representing, and the kinds of experiences
they have when they do, the book advocates the importance of
forging a more positive and effective relationship between
Litigants in Person and the family justice system.
In this book, leading experts from across the common law world
assess the impact of four seminal House of Lords judgments decided
in the 1960s: Ridge v Baldwin, Padfeld v Minister of Agriculture,
Conway v Rimmer, and Anisminic v Foreign Compensation Commission.
The 'Quartet' is generally acknowledged to have marked a turning
point in the development of court-centred administrative law, and
can be understood as a 'formative moment' in the emergence of
modern judicial review. These cases are examined not only in terms
of the points each case decided, and their contribution to
administrative law doctrine, but also in terms of the underlying
conception of the tasks of administrative law implicit in the
Quartet. By doing so, the book sheds new light on both the complex
processes through which the modern system of judicial review
emerged and the constitutional choices that are implicit in its
jurisprudence. It further reflects upon the implications of these
historical processes for how the achievements, failings and
limitations of the common law in reviewing actions of the executive
can be evaluated.
Not so long ago, class actions were considered to be a textbook
example of American exceptionalism; many of their main features
were assumed to be incompatible with the culture of the civil law
world. However, the tide is changing; while there are now trends in
the USA toward limiting or excluding class actions, notorious cases
like Dieselgate are moving more and more European jurisdictions to
extend the reach of their judicial collective redress mechanisms.
For many new fans of class actions, collective redress has become a
Holy Grail of sorts, a miraculous tool that will rejuvenate
national systems of civil justice and grant them unprecedented
power. Still, while the introduction of various forms of
representative action has virtually become a fashion, it is
anything but certain that attempting to transplant American-style
class action will be successful. European judicial structures and
legal culture(s) are fundamentally different, which poses a
considerable challenge. This book investigates whether class
actions in Europe are indeed a Holy Grail or just another wrong
turn in the continuing pursuit of just and effective means of
protecting the rights of citizens and businesses. It presents both
positive and critical perspectives, supplemented by case studies on
the latest collectivization trends in Europe's national civil
justice systems. The book also shares the experiences of some
non-European jurisdictions that have developed promising hybrid
forms of collective redress, such as Canada, Brazil, China, and
South Africa. In closing, a selection of topical international
cases that raise interesting issues regarding the effectiveness of
class actions in an international context are studied and
discussed.
The civil justice system is characterized by a distinct dispute
resolution and law enforcement functions, although these functions
are not always explicit and their relationship can be vague. People
normally turn to this legal system to address an ""unjust""
situation they encounter. This makes civil justice both socially
and economically important, as it may be driven by efficiency or
access to justice concerns. The literature suggests that law reform
has an uninspiring record in this field. This is because it has,
largely, not been considered with a detailed, empirically informed
evaluation of proposed solutions. This legal system is complex, and
research in this field is correspondingly challenging, interesting,
and important. The Handbook of Research on Civil Justice provides
significant empirical research findings as well as theoretical
reviews and frameworks on a wide array of issues within civil
justice and the legal system. This includes topic areas such as
access to justice and legal representation, the challenges to
developing civil justice, courts and procedures, and civil justice
reform. This book is valuable for lawyers, human rights lawyers,
court officials, psychologists, social workers, sociologists,
consultants, professionals, academicians, students, and researchers
working in the field of law, socio-legal studies, sociology,
anthropology, political science, social work, social policy,
economics, and criminal justice, along with anyone seeking updated
information on the current reforms and challenges within the civil
justice and legal systems.
Goff & Jones is the leading work on the law of unjust
enrichment. Successive editions have played a major role in
establishing the central importance of the subject for private and
commercial lawyers and developing its key concepts and principles.
The text is comprehensive in coverage and written by highly
respected scholars who explain all of the rules governing claims in
unjust enrichment and discuss how these have been applied through
detailed examination of the case-law. The book is frequently cited
in courts throughout the Commonwealth and continues to signpost
future developments in the field. The new 10th edition is
completely up-to-date and contains detailed discussion of important
decisions since the last edition. Several chapters have been wholly
or substantially rewritten to take account of significant new
cases, and their impact on topics including the recovery of
benefits from remote recipients, the recovery of benefits
transferred on a condition that fails, the recovery of ultra vires
payments by public bodies, the limitation rules governing claims in
unjust enrichment and interest awards on such claims. The 10th
edition deals with the following six key matters in relation to
making a claim: Explains how a claim in unjust enrichment can be
precluded where a defendant's enrichment is mandated by a statute,
judgment, natural obligation, or contract Analyses the principles
governing the identification and valuation of enrichment, and
explains how these apply to claims for different types of benefit
Considers the requirement that a defendant's gain has been acquired
at the claimant's expense Discusses the different grounds for
restitution: lack of consent and want of authority; mistake;
duress; undue influence and unconscionable bargains; failure of
basis; free acceptance; necessity; secondary liability; ultra vires
receipts and payments by public bodies; etc Examines defences
including change of position; ministerial receipt; bona fide
purchase; estoppel; counter-restitution impossible; passing on;
limitation; legal incapacity; illegality Details the personal and
proprietary remedies for unjust enrichment The new edition contains
detailed discussion of the following cases of major importance:
Investment Trust Companies (in liq.) v HMRC [2018] A.C. 275
(exclusion of unjust enrichment by statute; enrichment acquired "at
the claimant's expense"); Swynson Ltd v Lowick Rose LLP (in liq.)
[2018] A.C. 313 (enrichment acquired "at the claimant's expense";
subrogation); Littlewoods Retail Ltd v HMRC (No.2) [2018] A.C. 869
(exclusion of unjust enrichment by statute); Prudential Assurance
Co Ltd v HMRC [2019] A.C. 929 (enrichment acquired "at the
claimant's expense"); Vodafone Ltd v Office of Communications
[2020] Q.B. 857 (counterfactual arguments against Woolwich claims);
Test Claimants in the FII Group Litigation v HMRC [2022] A.C. 1
(limitation rules governing claims founded on mistake); Test
Claimants in the FII Group Litigation v HMRC [2021] 1 W.L.R. 4354
("netting off" of defendant's gains and losses; interest awards)
Pakistan International Airline Corp v Times Travel (UK) Ltd [2021]
3 W.L.R. 727 (lawful act duress). School Facility Management Ltd v
Christ the King College [2021] 1 W.L.R. 6129 (counter-restitution
and change of position); Samsoondar v Capital Insurance Co Ltd
[2021] 2 All E.R. 1105 (pleading of unjust enrichment claims);
Dargamo Holdings Ltd v Avonwick Holdings Ltd [2022] 1 All E.R.
(Comm.) 1244 (failure of basis; relation between contract and
unjust enrichment)
This book examines the practice of Alternative Dispute Resolution
(ADR) as it stands today in the context of matrimonial disputes and
for providing gender justice for women undergoing matrimonial
litigation. ADR is a fairly recent but increasingly prevalent
phenomenon that has significantly evolved due to the failure of the
adversarial process of litigation to provide timely resolution of
disputes. The book explores the merit and demerit of traditional
litigation process and emergence, socio-legal framework, work
environment and success rate of various ADR processes in general
and for resolving matrimonial disputes in particular. It
comprehensively discusses the role of various institutions and
attitudes and perceptions of ADR practitioners. It analyzes the
influence of patriarchal cultural assumptions of appropriate
feminine behaviour and its effect on ADR practitioners like
mediators and counsellors that leads to the marginalization of
aggrieved woman's issues. With a brief analysis of the experience
and challenges faced with the way the ADR process is conducted, the
focus is on probing the vulnerability of aggrieved women. The book
critiques the practice of ADR as it is today and offers
constructive ways forward by providing suggestions, insights, and
analysis that could bring about a transformation in the way justice
is delivered to women. This in-depth study is an attempt to guide
decision making by bringing forth and legitimizing the battered
women's voice which often goes unrepresented, in the debate about
the efficacy of ADR mechanism in resolving matrimonial disputes.
The book is of interest to those working for justice for women,
particularly in the context of matrimonial disputes -- legal
professionals, mediators, counsellors, judges, academicians, women
rights activists, researchers in the field of gender and women
studies, social work and law, ADR educators, policymakers and
general readers who are inclined and interested in bringing a
gender perspective to their area of work.
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