Andrews on Civil Processes - volume 1

Andrews on Civil Processes is a fresh and stimulating examination of Civil Justice, embracing court proceedings, mediation, and arbitration. The book, published in two volumes, will help lawyers (whether practitioners, judges, policy-makers, or other jurists) in England, Europe, and the wider world. Whilst it focuses on English law, this is of interest to lawyers around the world, especially because of the cross-border nature of many disputes.
Author(s):
Neil H. Andrews
book | published | 1st edition
August 2013 | lxii + 848 pp.

Hardback
€175.-


ISBN 9781780680835


Alternative prices
- Student price: €50.-

Details

For more information on volume 2: Arbitration and Mediation, please click here.
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In two volumes Neil Andrews (University of Cambridge) examines civil processes in England and Wales. One of the leading legal jurisdictions in this area of law as many non-resident parties choose to conduct arbitration in London or bring proceedings before the English High Court, notably the Commercial Court. Written in a clear and well-ordered style, Andrews on Civil Processes therefore discusses the most important styles of civil dispute resolution: court proceedings (volume 1), mediation and arbitration (volume 2).

Neil Andrews guides the reader through the practice of dispute resolution in all its major forms: public and private, adjudicative and conciliatory. The subject-matter has been split into two volumes to provide specialists with a choice, but the two volumes are of course complementary. They provide a complete picture of the court and arbitration systems, and of the developing technique of mediation. Advisors seeking further leads are also assisted by detailed citation of primary sources and rich bibliographical references.

Volume 1: Court Proceedings
In England there has been a sustained effort to control court proceedings and render them more efficient. The author explores common legal principles and connections between the court system and the alternative techniques of arbitration and mediation. For example, there is discussion of: the four forms of civil justice (chapter 1: mediation, settlement without mediation, arbitration, and court proceedings); the six phases of court proceedings (chapter 4); the four forms of English multi-party litigation (chapter 22); and the five constellations of procedural principle - advice and access, empowering the parties, conditions for sound decision-making, an efficient process, a fair process, and upholding judgment (chapters 25 to 29).

Most recently, reform of costs was examined by Lord Justice Jackson’s inquiry in 2009-10. This 2013 publication takes the complex set of reforms and changes introduced in April 2013 into account and provides detailed discussion where relevant (inter alia. qualified one way cost shifting, damages-based agreements, and the changes to conditional fee agreements and the system of settlement offers). A convenient survey of these changes is also set out in the introductory chapter of volume 1.


‘English civil procedure has undergone significant changes over the past few years. The Jackson reforms were the final piece in the jigsaw in what had already been a significantly changed procedural landscape. Against this background it is of a paramount importance to keep reference works up-to-date in order to give one a clear picture of where we stand. The new book, Andrews on Civil Processes, published in 2013, was designed to fill in the gap between recent developments and scholarly works in the field. This goal was squarely achieved. The book consists of two volumes, the first devoted to court proceedings while the second one deals exclusively with Arbitration & Mediation. It is a one-stop book for all those who want to resolve their disputes in England, be it through courts or ADR. Last but not least, Professor Neil Andrews is a respected authority in the realm of civil procedure and contract law, and his book should be warmly received by all contentious lawyers. ‘
Dr Roman Khodykin, partner in the law firm Berwin Leighton Paisner LLP (London)

‘It is a very rich book, full of insights, elegantly written, and a major contribution to global procedural scholarship that should be present in every law library around the world. It is a treatise on civil justice in England addressed not only to the English legal profession and other specialists, but also to non-English lawyers. It enters into detail, without neglecting the systematic framework in each and every chapter. Andrews manages to counter-balance the tendency of the English procedural system (just like many other national systems) towards a proliferation of rules by a firm grasp of central and fundamental principles of civil procedures […].’
Remo Caponi in CJQ 2014, 33(3), 351-353 (351)

‘The author addresses [the subject] with his characteristic thoroughness, intelligence and intellectual honesty. This is, in sum, an essential work for all those who wish to understand the reality of civil justice in England and Wales, a book that provides answers to practically all the questions one can pose in relation to it and which, at least for this writer and, I believe, my potential readers, seems likely to soon become a standard work of reference.’
Carlos Esplugues in Arbitraje: Revista de arbitraje comercial y de inversiones (2014) 619-623

‘[…T]he book enables readers to get a full understanding of civil processes and civil justice in England & Wales. […] Andrews on Civil Processes will prove popular with practitioners, academics and students in Hong Kong, Asia at large and worldwide.’
Fan Yang in Asian Dispute Review (2014) 150-151

‘In summary, one can say that reading the work justifies the enthusiastic statement in the preface that “one has no right to expect a legal subject to be as much fun as Civil Justice”. Congratulations to the author and publisher for publishing this excellent work!’
Teresa Arruda Alvim Wambier in Revista de Processo (2014) 234

‘Firstly, it is an important contribution to understanding English civil justice and even one’s own. […] Secondly, as is always the case with the author, it is written in a clear, systematic, easy-to-read and strongly argued way, looking “inwards” but also outwards to consider, criticise and propose comparative solutions. Thirdly, it is a new and stimulating examination of civil justice that looks at court proceedings as integrated rather than separate, or even antagonistic, as they are often presented. […] The work, published in two volumes, will be of help to lawyers in England, Europe and the rest of the world. Although it focuses on English law, it is of interest to lawyers throughout the world […] The author achieves his goal of transforming a subject as dry as civil procedure and civil justice into an enormously interesting topic, enriched by quotations and transcripts of doctrine and judgments, which are as precise and relevant as the language in which this veritable treatise is written.’
Alvaro Pérez Ragone in Ius et Praxis (2014) 419-426

Andrews conveys his message, in his usual manner, in a form easily understood by also the continental lawyer, with a clear and sleek, yet very unique style. Thus building a bridge between the European continent and the British Isles.’
Prof. Dr. Viktória Harsági in Magyar Jog (2015) 254

Chapters

Table of contents (p. 0)

PART I. INTRODUCTION TO THE FORMS OF CIVIL JUSTICE

Chapter 1. Introduction (p. 1)

Chapter 2. Sources of English Civil Procedure (p. 31)

Chapter 3. ‘The Big Picture’: Interaction of the Court System and Other Forms of Dispute Resolution (p. 43)

PART II. COMMENCEMENT OF COURT PROCEEDINGS AND PREPARATION FOR TRIAL

Chapter 4. The Six Phases of Court Proceedings (p. 61)

Chapter 5. Commencement and Service (p. 75)

Chapter 6. Pleadings and Parties (p. 97)

Chapter 7. Counterclaims and Set-Off (p. 125)

Chapter 8. Limitation of Actions (p. 145)

Chapter 9. Case Management and Procedural Discipline (p. 195)

Chapter 10. Pre-Trial Termination of Actions Without Settlement: Interim, Summary, Default, Preliminary and Striking Out Procedures (p. 213)

Chapter 11. Disclosure (p. 261)

Chapter 12. Privileges (p. 287)

Chapter 13. Experts (p. 349)

PART III. END-GAME: TRIAL, APPEAL, FINALITY AND ENFORCEMENT

Chapter 14. Trial and Judgment (p. 377)

Chapter 15. Appeals (p. 415)

Chapter 16. Finality in Court Proceedings (p. 461)

Chapter 17. Enforcement of Court Judgments and Orders (p. 495)

PART IV. COSTS AND FINANCING OF LITIGATION

Chapter 18. Basic Costs Principles (p. 517)

Chapter 19. Security for Costs (p. 551)

Chapter 20. ‘No Win, No Fee’ Systems (p. 559)

PART V. SPECIAL PROCEEDINGS

Chapter 21. Protective Relief (p. 585)

Chapter 22. Multi-Party Litigation (p. 619)

Chapter 23. Complex Litigation (p. 659)

Chapter 24. The Commercial Court (p. 671)

PART VI. PRINCIPLES OF CIVIL LITIGATION

Chapter 25. The Five Constellations of Procedural Principle (p. 681)

Chapter 26. Judicial Independence and Impartiality (p. 733)

Chapter 27. Due Notice (p. 753)

Chapter 28. Publicity and Open Justice (p. 763)

Chapter 29. The Duty to Give Reasoned Decisions (p. 781)

PART VII. THE EUROPEAN CONTEXT

Chapter 30. European Influences upon English Civil Justice (p. 805)

Select Bibliography (p. 819)

Index to Volumes I and II (p. 825)

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