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The Civil Procedure Rules at 20$
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Andrew Higgins

Print publication date: 2020

Print ISBN-13: 9780198863182

Published to Oxford Scholarship Online: October 2020

DOI: 10.1093/oso/9780198863182.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 27 July 2021

Reflections from Former Masters of the Rolls on Managing Civil Justice

Reflections from Former Masters of the Rolls on Managing Civil Justice

Chapter:
(p.91) 9 Reflections from Former Masters of the Rolls on Managing Civil Justice
Source:
The Civil Procedure Rules at 20
Author(s):

Kate O’Regan

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198863182.003.0009

This edited conversation between Professor Kate O’Regan of the Bonavero Institute of Human Rights and Lord Neuberger and Lord Dyson reflects on their Lordships’ time as judges and Masters of the Rolls managing the civil justice system in England & Wales. Subjects include: the value of the overriding objective; whether procedural rules should be prescriptive or allow for judicial discretion; the costs and funding crisis facing the justice system, especially for those of limited means, including how legal disputes should be funded and who should be funding them; and how to balance the right to a fair trial with national security interests in a post-September 11 world.

Keywords:   Civil Procedure Rules, overriding objective, rule making, discretion, costs and funding, closed material proceedings

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