Judicial law 35 results

As contemporary legal regulation becomes more and more complex, the law becomes more fragmented. This book puts forward recommendations to promote the systemic nature of law. In addition to pro-systemic legal arguments, the book focuses on the foundations of law formed by underlying principles and values.

Certain confidential lawyer-client communications are privileged from disclosure. Considering that these rules can differ from state to state, this book examines various states' disclosure laws and legal privilege rules in a comparative manner. It proposes a new rule that courts should use for determining the applicable privilege law during transnational litigation.

This book explores the role of Article 47 of the EU Charter of Fundamental Rights - which guarantees the right to effective judicial protection - in consumer cases before the Court of Justice of the European Union, as well as civil courts in Spain and the Netherlands.

How to choose the most beneficial enforcement regime for cross-border claims of a client? A question considerably complicated by (1) the existence of various European Union enforcement tools and (2) particularities in the national legal systems that impact on the operation and suitability of the various enforcement tools. This book compares and analyses the practical utility and potential pitfalls of the 2nd generation regulations (European Enforcement Order, European Order for Payment, European Small Claims Procedure and European Account Preservation Order) and their relation to Brussels Ibis. The work is based on an extensive evaluation of case law (published and unpublished), empirical data and literature from eight Member States (Belgium, France, Germany, Italy, Luxembourg, The Netherlands, Poland, Spain) and the Court of Justice of the European Union.

This book critically analyses the various approaches of public and private law enforcement and their effectiveness across several jurisdictions on the example of one topical and global collective damage event with far reaching consequences for both, consumers and investors: the Dieselgate.

This book provides precious insight into the dynamics of this new approach to consolidating European Civil Justice, clearly outlining the motivations of the various national and institutional players involved and examining potential obstacles likely to be encountered along the way. The book represents a work of reference for anyone involved in academia, practice or law reform in this subject area.

This book investigates the concept of procedural autonomy of Member States in the light of EU law. Does procedural autonomy still adequately describe the powers of national lawmakers and courts to design their civil procedural systems or is it misleading?

This book examines the case law of the European Court of Justice concerning the requirement to interpret national law in conformity with EU law directives. It offers an in-depth analysis of the application of this obligation in three Member States: Germany, Ireland and the Netherlands. The key question underlying this examination is to what extent the established theories of supremacy of EU law, national constitutionalism and constitutional pluralism adequately explain the relationship between EU and national law under the duty of consistent interpretation.

This volume is a compendium of the Sir Hugh Laddie Lectures delivered at University College London (UCL) in the period between 2009 and 2018. This is a public lecture series organised by the Institute of Brand and Innovation Law (IBIL) at UCL Faculty of Laws in honour of IBIL's founder - Professor Sir Hugh Laddie.

Andrews on Civil Processes is a fresh and stimulating examination of Civil Justice, embracing court proceedings, mediation, and arbitration. A critical and principled treatment of the subject made possible by extensive knowledge not only in the English methods and techniques but also in foreign civil procedural laws.

This book explores how EU and international civil procedure rules (hard law, soft law, and judicial decision) shape national civil procedure law of the EU member states.

This book brings together foreign investment and investment arbitration in Asia. It provides a critical analysis of foreign investment, its benefits and the legal regimes of the jurisdictions studied at a time when investor-state disputes are on the rise and investment arbitration is under growing scrutiny. Governments are under greater pressure to balance the promotion of investment with public policy development and interests and calls for a permanent court for investment arbitration are getting louder.

This book discusses the impact of EU law on selected national legal systems. The authors analyse how the civil procedure system of their country has reacted to increasing Europeanisation and influence of EU law.

This rise of a particular kind of European Union legislation known as the ‘optional instrument’ is a novel trend in the context of EU law, and one that until now has not been comprehensively mapped or explored. This study examines and discusses existing and proposed EU Optional Instruments (OIs) in different fields of European law, including company law, intellectual property law and procedural law (such as the European Company, the Community Trade Mark and the European Small Claims Procedure, respectively), as well as contract law.

This book outlines the conduct of civil litigation in the South Pacific. It focuses on the superior courts of Fiji, Kiribati, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu. It discusses relevant case law and legislation and suggests possible reforms.

Many contemporary jurisdictions have been revisiting the fundamental principles of their civil procedures, including the way in which evidence is introduced, collected and presented in court.

This yearbook takes up recent trends in international arbitration.

The story of collective redress in the European Union up to the present day may be qualified as a story of missed opportunities and small steps forward. The editors of the present volume hope that the future of collective redress in Europe will be brighter than the past. They hope that the volume will further the discussion on collective redress in Europe by providing the most up-to-date information in the field, and that this will lead to the implementation of effective collective redress mechanisms in the various EU Member States

Legal Aid in the Low Countries deals with the system of legal aid in Belgium and the Netherlands. Central questions in the book are whether the conditions for a sound legal aid system are met, especially in the fields of law that mainly concern the ‘have nots’; the main ethical considerations that legal aid providers have to take into account; and the alternatives for legal aid and complementary solutions to enhance access to justice.

This book proposes a novel way to assess pain and suffering damages. It is based on specialised scientific information regarding the impact of injuries and investigates the positive legal and economic implications that would result from its implementation compared to current approaches.