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Principles, Procedure, and Justice: Essays in honour of Adrian Zuckerman

Edited by: Rabeea Assy, Andrew Higgins

ISBN13: 9780198850410
Published: May 2020
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £105.00



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This collection is in honour of Adrian Zuckerman, Emeritus Professor of Civil Procedure at the University of Oxford. Bringing together a distinguished group of judges and academics to reflect on the impact of his work on our understanding of civil procedure and evidence today.

An internationally renowned scholar, Professor Zuckerman has dedicated his professional life to the law of evidence and civil procedure, drawing attention to the principles and policies that shape litigation practice and their wider social impact. His pioneering scholarship is admired by the judiciary and the academy and has influenced several major reforms of the civil justice system including the Woolf Reforms that heralded the introduction of the Civil Procedure Rules, and Lord Justice Jackson's Review of Civil Litigation Costs. His work has also informed law reform bodies and courts in other jurisdictions.

Building upon Professor Zuckerman's work, the contributors address outstanding problems in the field of civil procedure and evidence, and in keeping with Adrian's record of always exploring new areas, the book includes chapters on the prospects for a digital justice system, including the new online court being developed in England and the potential role of algorithms in the court room.

Subjects:
Evidence, Courts and Procedure
Contents:
Contents
Table of Cases
Table of Legislation
List of Contributors
Introduction
1. A Man for All Processes
Samuel Issacharoff
Part I: The Changing Face of Evidence Law
2. Defining the Scope of the Hearsay Rule in Criminal Cases: A Comparative Perspective
Andrew L-T Choo
3. Common Law Principles and the Expression and Use of Forensic Evidence in Criminal Cases
Andrew Ligertwood
4. Adrian Zuckerman's New Evidence Scholarship
Paul Roberts
Part II: The Future of Judging
5. How Judges Decide
Robert J Sharpe
6. The Bright but Modest Potential of Algorithms in the Courtroom
Andrew Higgins, Inbar Levy, and Thibaut Lienart
Part III: Culture, Technology, and a New Paradigm for Proportionality
7. The Civil Online Court in England
Michael Briggs
8. Compliance Problems and Digitizing Case Management in England and Wales
John Sorabji
9. Taking Seriously Affordability, Expedition, and Integrity in Adjudication
Rabeea Assy
Part IV: Funding Justice
10. Funding Civil Litigation Through Legal Expenses Insurance in Germany
Peter Gottwald
11. Controlling Recoverable Costs
Rupert Jackson
12. Just Costs
Frederick Wilmot-Smith
Part V: History of Procedure and Procedural Powers
13. Does Procedural Mean Trans-substantive? A Historical and Normative Analysis of English Civil Procedure Rules
Carla Crifo
14. Inherent Jurisdiction and the Limits of Civil Procedure
Stuart Sime
Index