Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Relations Between the Court and the Parties in the Managerial Age

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

In England specialist advocates are used for most court hearings, notably trial and appellate hearings. Adjudication at trial is nearly always by a single judge, without a jury. The civil jury's virtual disappearance has transformed the rules of evidence. Barristers and solicitors owe duties not just to the client but to the court and to the interests of justice. Their overriding duty is to the wider interests of justice. The modern system of remuneration of lawyers tolerates parties' legal representatives having a financial interest in case's outcome. Judicial and arbitral decision-makers are required to render judgment or award, following representations from the parties. Courts now adjudicate, hear appeals, make decisions regarding costs, make decisions concerning enforcement, and in much litigation they are expected to manage the progress of the case. Before 1990s, mediation was regarded in England in ordinary civil disputes as an exotic and even an eccentric practice.

Keywords: adjudication; arbitral decision-makers; judicial decision-makers; mediation



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    The Culture of Judicial Independence — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation