Similar Search Results

Andrews, Neil H. - 2013

In England 'multi-party' litigation can take various forms, of which the most important are (a) the opt-in system of Group Litigation Orders and (b) the opt-out system of Representative Proceedings. Category (b)n can yield damages to be distributed amongst the represented class, as recent case...

Persistent link: https://www.econbiz.de/10013075666

Accessible, Affordable, and Accurate Civil Justice - Challenges Facing the English and Other Modern Systems

Andrews, Neil H. - 2013

Modern legal systems, including the English, emphasise the need to promote mediation, uphold arbitration (which … shunned. Furthermore, although mediation and arbitration have their place, both have their dangers, if they cause public … adjudication to become too scarce or unreliable. For neither mediation nor arbitration involves public judgment of disputed matters …

Persistent link: https://www.econbiz.de/10013075670

Patel v Mirza : Structured Discretion or Range of Factors?

McBride, Nicholas - 2018

This short paper analyses Lord Toulson's judgment in Patel v Mirza [2016] UKSC 42, and argues that that judgment is better analysed as ruling that in cases where a defence of illegality is advanced, the courts should adopt a 'structured discretion' in determining whether to allow the defence...

Persistent link: https://www.econbiz.de/10012911851

On 'Proportionate' Costs

Andrews, Neil H. - 2014

The English costs rules were amended in April 2013 to implement Sir Rupert Jackson's Costs Inquiry (2010). Proportionality has become (see sections II to IV of this paper) the final determinant when assessing standard basis costs, supplementing but also trumping the pre-existing criteria of...

Persistent link: https://www.econbiz.de/10013058391

Fundamentals of Multi-Party or Collective Litigation

Andrews, Neil H. - 2014

Fundamental choices are to be made when fashioning a system or combination of systems concerning multi-party and collective relief (see section II of this article). These include:economic access to justice (section III), opt-out 'class' litigation (notably the status of `representatives' suing...

Persistent link: https://www.econbiz.de/10013058392

Law as Evolution, Evolution as Social Order : Common Law Method Reconsidered

Deakin, Simon - 2015

Building on systems theory and the economics of law, this paper argues that evolutionary models can explain certain features of common law reasoning, in particular the way that the doctrine of precedent operates to combine stability with change. The common law can be modeled as an adaptive...

Persistent link: https://www.econbiz.de/10013018019

Coordinating Adjudication Processes

Waibel, Michael - 2014

arbitration given the lack of internal (e.g. stare decisis) as well as external control mechanisms to ensure uniform arbitral …

Persistent link: https://www.econbiz.de/10013060031

Money and Other Fundamentals : English Perspectives on Court Proceedings, Mediation, and Arbitration

Andrews, Neil H. - 2014

-border contentious legal work. The administrators of the courts system and of mediation and arbitration bodies share the goal of … improving civil justice in all its forms. Mediation is increasing in importance; the system of arbitration also continues to …. The delicate interplay of arbitration and court support and supervision requires English judges to remain in close contact …

Persistent link: https://www.econbiz.de/10013062778

Law, Trust and Institutional Change in China : Evidence from Qualitative Fieldwork

Chen, Ding - 2017

in asset allocation, and a lack of transparency in market pricing. However, in both sets of markets we find evidence of a …

Persistent link: https://www.econbiz.de/10012965626

Fair and Equitable Treatment and Judicial Patent Decisions

Liddell, Kathleen; Waibel, Michael - 2016

This article focuses on the increased scope for tension between obligations under investment treaties, particularly fair and equitable treatment, and the interpretation of national patent law by domestic courts. Precisely because investment treaties were created to protect investors from...

Persistent link: https://www.econbiz.de/10014129931