Прочитайте и переведите текст “The Reform of The Civil Procedure in the UK”. Ответьте на вопросы.
1. What are civil procedure rules?
2. Which drawbacks of the civil justice system were discovered by the committee chaired by Lord Woolf in 1999?
3. What does the adversarial culture of litigation mean?
4. What was the overriding objective of the changes to the civil justice system? What were the main features of the reform?
5. What kind of cases does the highest appellate court hear?
6. a) What can the Civil Division of the Court of Appeal do with the lower court decision?
b) Why is the Master of the Rolls said to be the most influential judge in England?
7. a) What kinds of cases are reserved for trial in the High Court of Justice? What do you know about the structure of the court?
b) What capacity does the High Court have? Do cases from the High Court go on appeal directly to the Court of Appeal only?
8. What cases do the magistrates’ courts deal with?
9. What other name does the County Court have? What kind of proceedings does it deal with?
10. What types of ADR are there?
One of the main features of the reforms is that the management of the case was removed from the hands of the litigants and passed to the judge. Under this new system of judicial case management the judge’s active management of the case requires him to do the following:
• encourage the parties to settle the case or part of the case;
• to identify the true points at issue as early as possible and ensure that issues which do not require litigation are disposed .of before the case is tried;
• and to ensure that the case proceeds quickly and efficiently.
Technology should be used wherever appropriate. As manyaspects of the case as possible should be dealt with on the same occasion and the case may be dealt with without the parties having to attend the court. Procedural errors are not to invalidate any part of the proceedings unless the court exercises its discretion to order that they should. Furthermore, accidental errors or omissions can be corrected at any time and the court may do this on its own initiative.
The parties should consider whether some form of alternative dispute resolution (ADR) would be more suitable than litigation, and if so, endeavor to agree which form to adopt. Both the claimant and the defendant may be required by the Court to provide evidence that alternative means of resolving their dispute were considered. The Courts take the view that litigation should be a last resort, and that; claims should not be issued prematurely when a settlement is still actively being explored. Among the most frequently used ADR methods one should mention the following:
arbitration, where an independent, impartial third party hears both parties to a dispute and makes a decision to resolve it. However, arbitration is private rather than public, and some forms of arbitration are decided on the basis of documents only. In most cases, the arbitrator's decision is binding on both parties.
mediation, where the disputants, not the mediator, decide the terms of the agreement. The mediator's role, however, is to check carefully that the parties are able to do what they agree to do. Mediation is now the most popular form of alternative dispute resolution in the UK and Europe as it offers solutions beyond those that a court could ordinarily impose. It is increasingly used in commercial, personal injury and clinical negligence cases.
conciliation involves an impartial third party helping the parties to resolve their problem. They are free to agree to the resolution or not. In consumer disputes, conciliation is the first stage in the arbitration process and the conciliator is usually a member of the trade association.
adjudication, where an independent third party considers the claims of both sides and makes a decision. Adjudicators are usually experts in the subject matter in dispute and are not bound by the rules of litigation or arbitration. Their decisions are often interim ones, i.e. they can be finalized using arbitration or another process. Adjudication decisions are usually binding on both parties by prior agreement.
expert determination, where an independent third party considers the claims and issues a binding decision. The third party is usually an expert in the subject of the dispute and is chosen by the parties, who agree at the outset to be bound by the expert's decision. It can be most suitable for determining technical aspects of a complex dispute.
12. Подберите определения из колонки (B) к словам и словосочетаниям из колонки (A):
1) to annul by recalling or rescinding
2) to keep or maintain in unaltered condition
3) to jump across
4) to inspire with confidence
5) to set aside, esp. for future use
a) directing the course of; managing oppositional; relying on the contest between each advocate representing his or her party`s positions
b) review by a court of law of actions of a government official/entity or of some other legally appointed person/body or the review by an appellate court of the decision of a trial court
c) a witness who has knowledge not normally possessed by the average person concerning the topic that he is to testify about the party who appeals a decision of a lower court
d) a sequence of steps by which legal judgments are invoked, dispute resolution processes and techniques that fall outside the government judicial process, a relative position or degree of value in a graded group
e) any person/institution with the authority to judge, adjudicate on, or determine disputes too early or too hastily; before the expected time