Civil Procedure : Case Law / Legislation

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The Civil Procedure Rules 1998
Overriding objective was to ensure that a case was dealt with justly.
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Access to Justice Act 1999
Implemented alongside the civil procedure rules in response to the Woolf Report.
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Halsey v Milton Keynes General NHS Trust 2004
ECHR states that the parties cannot be forced to use ADR as this violates there right to a fair trial.
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Part 1 Civil Procedure Rules 1998
The judge's role in active case management is to encourage the use of ADR where it is appropriate.
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Scott v Avery Clause
Contracts include this clause where parties agree to arbitrate should there be a dispute between them
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Tribunals and Inquiries Act 1958
Implements the principle that the tribunal procedure should be an example of 'openness, fairness and impartiality'
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Tribunals, Courts and Enforcement Act 2007
A response to Andrew Legatt's report, it implemented many of his recommendations.
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S55 Access to Justice Act 1999
Outlines the criteria an appeal must fulfill if it is allowed to go to the Court of Appeal
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Administration of Justice Act 1969
In rare cases, appeals from the high court can follow a leapfrog appeal and go straight to the supreme court.
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Article 167 TFEU
If a EU point of law is involved then the case can go to the ECJ
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Other cards in this set

Card 2

Front

Implemented alongside the civil procedure rules in response to the Woolf Report.

Back

Access to Justice Act 1999

Card 3

Front

ECHR states that the parties cannot be forced to use ADR as this violates there right to a fair trial.

Back

Preview of the back of card 3

Card 4

Front

The judge's role in active case management is to encourage the use of ADR where it is appropriate.

Back

Preview of the back of card 4

Card 5

Front

Contracts include this clause where parties agree to arbitrate should there be a dispute between them

Back

Preview of the back of card 5
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