This book compares the conduct of civil cases in countries of the South Pacific. It explains the practical application of civil procedures in the context of the courts in which they operate. The text focuses on the rules that apply in the superior courts of Fiji, Kiribati, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu. An introductory chapter explains the origin of the rules and the factors that link and differentiate them. The preliminary considerations that should be weighed before proceedings are instituted are highlighted. In a separate chapter, the constitution and civil jurisdiction of the courts are explained. Legislative and case law developments are also discussed. The book also has a chapter on alternative ways of resolving civil disputes. The text describes recent changes to the rules and suggests further reforms that might be considered by South Pacific rule making bodies.
The book is designed for use by legal practitioners and scholars interested in civil procedure in the South Pacific region. It is also of use to teachers and students of South Pacific civil procedure, both at degree level and in professional legal training programmes.
‘“Courts and Civil Procedure” has made a weighty contribution to the tendency which has emerged in recent years to give civil procedure a more academic orientation and to reverse the older tradition of treating it as a merely practical subject to be taught only by practioners. Teachers and students across common law countries have been provided with a new and instructive account of the common law process in civil cases.’
Horst K. Lücke, RabelsZ 82/3 (2018) 563-883
Chapter 1. Introduction (p. 1)
Chapter 2. Courts (p. 19)
Chapter 3. Parties (p. 53)
Chapter 4. Commencing Litigation (p. 77)
Chapter 5. Managing Litigation (p. 127)
Chapter 6. Pleadings (p. 145)
Chapter 7. Determination without Trial (p. 181)
Chapter 8. Protecting Positions (p. 221)
Chapter 9. Gathering Information (p. 237)
Chapter 10. ADR and Promoting Settlement (p. 257)
Chapter 11. Trial (p. 277)
Chapter 12. Litigation Costs (p. 307)
Chapter 13. Execution (p. 329)
Chapter 14. Appeal Procedure (p. 351)
Chapter 15. Conclusion (p. 379)
Index (p. 389)
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