Expediting Civil Litigation

Expediting Civil Litigation

A Survey of Commonwealth Jurisdiction You do not have access to this content

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Author(s):
John Spry
01 Jan 1983
Pages:
66
ISBN:
9781848593510 (PDF)
http://dx.doi.org/10.14217/9781848593510-en
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  • Introduction

    The Commonwealth Law Ministers in August 1977

  • Jurisdiction

    Although it means going back earlier than the period in respect of which correspondents were asked to report, it is impossible to begin this section without reference, first, to the fact that in 1968 jurisdiction in divorce was extended in England to the county courts and it became obligatory to commence proceedings in those courts, and, secondly, to the report of the Royal Commission on Assizes and Quarter Sessions (the Beeching Commission) published in 1969.

  • Procedure

    The common law approach was well described by the Ontario Law Reform Commission.

  • Rules of court

    Two countries of the Commonwealth have recently replaced their rules of procedure, The Bahamas and New Brunswick. The rules of The Bahamas, introduced in 1978, are based on the Rules of the Supreme Court of England, which previously applied, but in adapting them, some simplification has been achieved and references have been corrected, which should at least have the effect of saving a little time.

  • Administration

    Probably more attention has been focussed in recent years throughout the Commonwealth on the administration of the courts than on any other aspect of the judicial system.

  • The legal profession

    As noted above, there are some jurisdictions where lawyers are not permitted to appear as such in small claims courts, and others where lawyers may appear but where no order may be made for costs. Apart from these, no report has been received of any step taken to change the practices or procedures concerning members of the legal profession, or their privileges, nor has any recommendation been reported for any such change.

  • Conclusion

    The last decade has seen much enquiry into the causes of delay and many reforms have been effected, and enquiries are continuing. At Appendix II are listed the reports of commissions and other bodies to which correspondents have referred.

  • Acknowledgments and footnotes
  • Appendices
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