The present volume addresses judicial case management and issues of efficiency in civil litigation. Apart from France, the focus is on these issues in three comparatively small jurisdictions which are often ignored in the international legal debate: Scotland, Belgium and the Netherlands. In addition the ALI/Unidroit Principles of Transnational Civil Procedure and the Storme Report are considered, whereas the volume also contains a contribution on the history of case management in Europe from the end of the 19th century. The volume shows that effective judicial case management is likely to flourish in an environment where: (1) the rules of civil procedure do not prescribe a uniform procedural framework for each and every case but differentiate between different types of cases; (2) these rules leave the judge the necessary discretion to manage individual cases (preferably in close co-operation with the parties) and the caseload as a whole; (3) this discretion can only be exercised to promote certain well-defined goals, in particular efficiency, appropriate speed and moderate cost; (4) the parties and their lawyers have a duty and the necessary incentives to co-operate; (5) there are adequate sanctions in respect of parties and lawyers who refuse to co-operate; and (6) courts are provided with adequate resources in order to create an environment where judges and highly qualified court staff can manage cases within a organizational framework that meets contemporary needs and standards.
Introduction (p. 1)
The Development of Civil Procedural Law in Twentieth Century Europe: From Party Autonomy to Judicial Case Management and Efficiency (p. 11)
What is Judicial Case Management? A Transnational and European Perspective (p. 27)
Beyond Winning: Judicial Case Management and the Role of Lawyers in the Principles of Transnational Civil Procedure (p. 57)
The Belgian Perspective on Case Management in Civil Litigation (p. 79)
Judicial Case Management and Efficiency in the Netherlands (p. 93)
Case Management: Procedural Law v. Best Practices (p. 111)
Judges and Parties in Scotland in the Provincial Courts in the First Half of the Nineteenth Century (p. 139)
‘Something Old, Something New, Something Borrowed…’ Civil Dispute Resolution in Scotland – A Continuing Story (p. 163)
Subscribe to the series and receive a 15% discount on each volume.
The ‘Ius Commune Europaeum’ series focuses on the common foundations of the legal systems of the Member States of the European Union. It includes horizontal comparative legal studies as well as studies on the effect of EU law, treaties and international regulation within the national legal systems. All substantive fields of law are covered.
The series is published under the auspices of METRO, the Institute for Transnational Legal Research at the Maastricht University.
Guidelines for the submission of a manuscript or proposal can be found here.
Prof. Dr. J. Smits (chair - Tilburg University, the Netherlands)
Prof. Dr. M. Faure (Maastricht University and Erasmus University Rotterdam, the Netherlands)
Prof. Dr. E. Vos (Maastricht University, the Netherlands).