Gavin Drewry, Louis Blom-Cooper, Charles Blake

The Court of Appeal (eBook, PDF)

• Format: PDF

Produktbeschreibung

Civil justice has been undergoing a massive transformation. There have been big changes in the management of judicial business; the Human Rights Act 1988 has had a pervasive impact; the Constitutional Reform Act 2005 has effected many changes - notably, the prospective transfer of the appellate jurisdiction of the House of Lords to a new Supreme Court. Against this backcloth of radical change, this book looks at the recent history and the present-day operation of the civil division of the Court of Appeal - a court that, despite its pivotal position, has attracted surprisingly little scholarly attention. It examines the impact of the permission to appeal requirements, and the way in which applications - particularly those by litigants in person - are handled; it looks at the working methods of the Lords Justices and at the leadership of the Court by recent Masters of the Rolls; it considers the relationship between the Court and the House of Lords - looking at high-profile cases in which the Court has been reversed by the Lords. Notwithstanding the impending arrival of the Supreme Court, it concludes that 'the Court of Appeal will remain firmly in place, occupying its crucial position as, to all intents and purposes, the court of last resort-indeed, a supreme court-for most civil appellants.'

Produktdetails

• Verlag: Bloomsbury UK eBooks
• Seitenzahl: 200
• Erscheinungstermin: 10. April 2007
• Englisch
• ISBN-13: 9781847313591
• Artikelnr.: 53052296

Autorenporträt

Gavin Drewry is Emeritus Professor of Public Administration at Royal Holloway, University of London and Honorary Professor in the Faculty of Laws at UCL.

Inhaltsangabe

1 Introduction The Research Agenda A Note on Methodology Plan of the Book
Annex A: Data Collected for Each Case in the Data-Set Annex B: Researchers'
Informal Aide-Mémoire for the Conduct of Semi-Structured Interviews With
Judges in the Court of Appeal 2 The Nature of the Appellate Process Appeals
in Historical Perspective Species of Appeal The Rationale of English Civil
Appeals Appeal and the Trial Process 3 Origins and Development of the Court
of Appeal The Position Before 1875 A New Home for the New Court Rights of
Appeal: From Hanworth to Evershed A Transatlantic Lesson? Slow Moves
Towards Modernisation Since the 1960s Insights from Within The Woolf
Reforms A View from the 1880s-Plus Ça Change? 4 New Public Management in
the Court of Appeal: The Woolf and Bowman Reforms Thatcherism and the New
Public Management Thatcherism Catches Up with the Judiciary New Public
Management and the Courts-The Rising Tide The Woolf Reports on Civil
Justice The Court of Appeal: From Woolf to Bowman Implementing Woolf and
Bowman: The Tanfern Direction Judges as Case Managers? 5 A Right of Appeal?
The New Procedure in Outline The Requirement for Permission to Appeal
Dealing With an Application for Permission to Appeal Second Appeals
Restrictions on Appeals about Case Management Appeals from Specialist
Tribunals Reform of Permission to Appeal Alternative Dispute Resolution:
Mediation, Costs, and Lower Courts After Permission to Appeal has been
Granted: Review or Rehearing? The Outcome of an Appeal 6 The Court of
Appeal at Work-Some Facts and Figures The Offi cial Statistics Permission
to Appeal: The Procedure in Practice The Human Rights Act 1998 Where was
PTA Applied for? Represented and Unrepresented Applicants Time Taken for
Applications to be Processed Determination on the Papers, and Oral Hearings
Judicial Time Taken to Hear PTA Applications Permission to Appeal Granted
by the Court Below The Journey of an Application: an Applicant's Eye View
of the Court of Appeal 7 The Judges Leading the Court: Masters of the Rolls
The Court Today Who Goes Upstairs? Annex A: Masters of the Rolls, 1873-2006
Annex B: The Judges of the Court of Appeal(Civil Division) 8 Judgments
Individuality and Collegiality Judgments: Single, Multiple or Composite
Prolixity of Judgments 9 Unrepresented Applicants A Litigant's View The
Taylor v Lawrence Effect The Case for Abolition of the Right to an Oral
Hearing in Seeking Permission to Appeal 10 Who has the Last Word? the Court
of Appeal and the House of Lords Review and Supervision Appeals in the
Abstract Appealing to the Lords The Near-Extinction of Orally Argued
Petitions for Leave The Final Court of Appeal in Parliament 11 Reversal by
the Lords: Polanski, Porter, Roma, and Begum Polanski v Vanity Fair Appeal
and Audit-The Dame Shirley Porter Case The Roma at Prague Airport Begum:
Another Approach to Discrimination and Human Rights 12 The Court in the
Twenty-first Century-Some Reflections