Study guide
Civil + Criminal Procedure
- Module
- Legal Foundations
- Institution
- University Of Exeter (UoEX)
A clear guide to Civil and Criminal Procedure within the English Legal System
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Civil Procedure:What people do with a problem:
Civil procedure is the system used to sue / bring claims in English law. It is governed by the Civil Procedure
Rules (CPR).
Lord Woolf – suggested that the adversarial process isn’t suitable for civil law and that litigation should be
a last resort. He had a goal of fundamental change of culture, suggesting that the civil system should:
be just in the results it delivers
be fair in the way it treats litigants
deal with cases at a reasonable speed
be understandable to those who use it
be effective, adequately resourced and organised
offer appropriate procedures at a reasonable cost.
CPR RULES:
1 – Overriding objective
1.1 – ‘to deal with cases justly’
2 – Application and interpretation
44.3(2)(a) “the unsuccessful party will be ordered to pay the costs of the successful party but (b) the court
may make a different order.
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