Fundamental Principles Of Civil Procedure

The third edition retains the unique features of the first and second edition and incorporate all the fundamental amendments made to superior and lower court practice by the implementation of the Superior Courts Act 10 of 2013 and the repeal of the Supreme Courts Act 59 of 1959.

Since the start of the new millennium, many contemporary legal jurisdictions have been revisiting the fundamental principles of their civil procedures. Even the core areas of the civil process are not left untouched, including the way in which evidence is introduced, collected, and presented in court. In the field of evidence taking, one generator of the reforms has been slow and inefficient litigation. Both in Europe and globally, reaching a balance between the demands of factual accuracy and the need to adjudicate disputes in a swift, cost-effective, and efficient way is still one of the key challenges. Another reason why many countries are reforming their law of evidence is related to cultural and technological changes in modern societies. Traditional human rights (such as the right to privacy and due process) is shifting. The modern need for security, efficiency, and quick access to justice, along with the perception of what is admissible or not in the context of evidence taking, is changing as well. In the same sense, the fast pace of modern life commands different practices of fact-finding, accompanied by new methods of selection of evidence that are appropriate for this purpose. Last but not least, the overwhelming penetration of new technologies into all spheres of public and private life has the capacity to dramatically change the methods of the collection and presentation of evidence. Exploring these issues, contributors to this book reflect on how these trends affect the situation in their countries and present their views on further developments, both nationally and in comparison with the developments in other countries and regions. A further goal is to inquire whether, in spite of national differences that are still dominant, the approaches to civil evidence are converging, and whether reforms affecting fact-finding have a chance of leading to some forms of harmonization. (Series: Ius Commuen Europaeum - Vol. 139) Subject: Legal Procedure, Civil Law, Comparative Law]

Contents: 1 The civil justice system; 2 Commencing proceedings: Jurisdiction and parties; 3 Commencing proceedings: The practicalities; 4 How courts manage cases and make procedural decisions; 5 Defining the issues; 6 Pre-trial termination of proceedings; 7 Protecting positions until trial; 8 Gathering information; 9 Court-annexed alternative dispute resolution; 10 Offers to settle and offers to compromise; 11 Costs; 12 Appeals; 13 Enforcement and execution

A systematic and analytical treatment of the modern law of civil procedure in England and Wales. It sets out the leading principles behind civil procedure, with contents following the sequence of litigation, from writ to trial and execution. The general aims of civil justice, such as promotion of access to justice, and prevention of undue delay during litigation, and the management of complex matters, are stressed. The book also discusses law reform, questions of delay, expense, complexity and conservatism in the litigation system.