Introduction Legal systems around the world use different procedural models to resolve disputes and administer justice. The two most prominent models are the adversarial system, used in common law countries like England and Wales, and the inquisitorial system, which is characteristic of civil law jurisdictions such as France and Germany. ...
Read MOREAn Essay on Res Judicata
The principle of res judicata, a Latin term meaning ‘a matter judged’, is a cornerstone of civil procedure in England ...
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**IN THE HIGH COURT OF JUSTICE** **CHANCERY DIVISION** **ANYTOWN DISTRICT PROBATE REGISTRY** **B E T W E E N:** **SHANNON** ...
Read MOREThe Role of Artificial Intelligence in Modern Arbitration: Enhancing Efficiency or Threatening Fairness
Introduction Arbitration is a cornerstone of modern dispute resolution, valued by commercial parties for its efficiency, flexibility, and confidentiality (Redfern ...
Read MOREDIFFERENTIATE BETWEEN ARBITRATION AND OTHER FORMS OF ALTERNATIVE DISPUTE RESOLUTION MECHANISMS;
(I) MEDIATION (II) RECONCILIATION (III) NEUTRAL EVALUATION (IV) EXPERT DETERMINATION With practical examples in commercial transactions. Introduction When commercial disputes ...
Read MOREDifferentiate between arbitration and other forms of Alternative Dispute Resolution mechanisms
Introduction When disagreements arise, the traditional path to resolution has been through the courts. However, litigation can be expensive, slow, ...
Read MOREDo fixed recoverable costs promote proportionality at the expense of complex civil claims?
Introduction The cost of civil litigation in England and Wales has long been a subject of concern, with commentators and ...
Read MOREHas compulsory small-claims mediation improved access to justice or created another procedural hurdle?
# Has compulsory small-claims mediation improved access to justice or created another procedural hurdle? ## Introduction The pursuit of justice ...
Read MOREHas Mandatory Mediation Changed the Meaning of Access to Justice in England and Wales?
Introduction The decision of the Court of Appeal in Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416, ...
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