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The Heroes of the Judicial Periphery: Court Experts, Court Clerks, and Other Actors in the Shadows

Edited by: Alan Uzelac, Stefaan Voet

ISBN13: 9781509980529
To be Published: May 2025
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £100.00
Paperback edition not yet published, ISBN13 9781509980567



This book assesses the role of the clerks, advisors and expert witnesses and other important actors on the 'judicial periphery' who play an important role and often determine the pace, outcome, and tone of the judicial process.

In national civil justice systems, the limelight is all too often cast on the main actors: judges, lawyers, and parties but the court's support staff can sometimes be overlooked. This book explores the particularly complex relationship which exists between litigation and other court staff. Their knowledge and expertise may be indispensable at times, but it is among the most expensive, complicated and time-consuming means of evidence. The judges adjudicate, but where experts are involved in the process, they have a decisive impact on the outcome of litigation. Therefore, the principal focus of the book is on expert witnesses and how they are appointed, managed, and remunerated across Europe and the world. Other ancillary professions may also be decisive for effective provision of court services.

Different jurisdictions have different rules and habits, but inevitably recognise the need of adequate support for judges. Sometimes judges command the whole team of clerks and lawyers; sometimes they share a secretary or a clerk. But in all cases, those who assist judges in their daily work have a decisive impact on the effectiveness and quality of the judicial process. The book considers the contribution of different actors including clerks, secretaries, advisors, counsels and reporters. It focuses on cooperation and the interplay between judges and other professional actors in litigation.

Subjects:
Courts and Procedure
Contents:
1. Unknown is Unloved: The Heroes of Judicial Periphery, Stefaan Voet (Zagreb University, Croatia) and Alan Uzelac (KU Leuven, Belgium)

Part One: Court Staff
2. Law Clerks: A Solution for Delays in Civil Litigation, Nicolas Kyriakides (University of Nicosia, Cyprus) and Athina Katsiantoni (University of Nicosia, Cyprus)
3. The Italian Path to Judicial Clerkship, Elisabetta Silvestri (University of Pavia, Italy)
4. If She Acts as a Judge, Earns as a Judge, Then She Must be a Judge! The Case of Judicial Advisors in Croatia, Juraj Brozovic (Zagreb University, Croatia)
5. The Role of Judicial Secretaries in Spain: The Story of a Collective Frustration? Fernando Gascon Inchausti (Complutense University of Madrid, Spain)
6. A Brief Overview of Some Aspects of Court Staff Training from a Belgian and European Perspective, Raf Van Ransbeeck (KU Leuven - IGO, Belgium)
7. The Clerkship Between Decision-making Assistance to Judicial Periphery Adjudication: A View from South America, Alvaro Perez Ragone (Pontificia Universidad Catolica, Peru)
8. The Landscape of Chinese Judiciary: Assisting Personnel in PR of China, Yulin Fu (University of Peking, China)

Part Two: Court Experts
9. Expert Evidence: Independency and Access to Justice: Values at Stake, Eduardo Oteiza (Universidad Nacional de La Plata, Argentina)
10. Experts on Foreign Law in German Civil Procedure, Michael Sturner (University of Konstanz, Germany)
11. Treatment of Foreign Law in Slovenian and Comparative Law, Ales Galic (University of Ljubljana, Slovenia
12. Part of the Solution or Part of the Problem? Party Appointed Experts in Serbian Litigation Proceedings, Branka Babovic Vuksanovic (University of Belgrade, Serbia)
13. Party-appointed vs. Court-appointed Experts: Considerations in Light of the Macedonian Experience, Tatjana Zoroska Kamilovsk (Ss. Cyril and Methodius University, Macedonia)
14. Appointment of Experts in Norwegian Civil Proceedings, Magne Strandberg (University of Bergen, Norway)
15. Expert Evidence in Custody Disputes and Child Protection Cases: Much Debate and Limited Research, Camilla Bernt (University of Bergen, Norway)
16. Court Experts and Shadow Actors: A View from South Africa, Danie van Loggerenberg (University of Pretoria, South Africa)

Part 3: Other Actors
17. Beyond Wooden Desks: The Impact of Artificial Intelligence on Reshaping the Role of Court Staff, Gina Gioia (Tuscia University, Italy) and Seyedeh Sajedeh Salehi (University of Brussels, Belgium)
18. Supporting Actors in International Child Abduction Cases before Brazilian, Mauricio Magalhaes Lamha (Rio de Janeiro State University, Brazil)
19. Public Prosecutors, Ombudsmen and Similar Institutions in Latin, Hermes Zaneti Jr (Federal University of Espirito Santo, Brazil)
20. Funding Collective Sctions in the Netherlands: The Role of Funders in the Shadow of the Procedure, Xandra Kramer (Erasmus University, the Netherlands)
21. Judicial Assistants in UK Courts, John Sorabji (University College London, UK