Drawing on political, social and economic theory, Reforming Civil Procedure focuses on the English civil justice system by looking at its history and its processes. The book considers the objectives of civil procedure and how it operates for and against particular societal groups, and what ideas and behaviours impact upon it. 



The reform of civil procedure has been beset with difficulties. Some are caused by questions of culture and mind-sets resistant to the changes, some by a confusion and conflict of values, some by overambitious reform efforts, some by a failure to follow through on purpose clauses, and some by swinging from laxity to rigidity with insufficient analysis.



This book makes a strong contribution to the field by synthesising the work of English writers with different views, extending the work in England on the role of philosophy, values, process and culture in litigation, and engaging extensively with American writers who have not previously been the subject of much attention in English civil procedural studies.

Table Of Contents

History: America to 1938 

1. Purposes and Functions 

I. The Need for Theory 

II. Complexity and Intertwining 

III. The Function of Civil Procedure 

IV. Society and the Courts 

V. The Social World 

VI. Pragmatism 

VII. Management and Justice 

VIII. The Function of the English Civil Justice System 

IX. Reading the Rules 

X. Conclusion 

2. What is Civil Procedure For? 

I. American Themes and Perspectives 

II. English Themes and Perspectives 

3. Intention, Action and Outcome in Anglo-American Civil Procedure 

I. The Rules of the Supreme Court (1883 and 1965) 

II. The Federal Rules of Civil Procedure (1938) 

III. The Civil Procedure Rules 1998 

4. Voyages in a New World: The Unanticipated Consequences of Civil Justice Reform 

I. Introduction 

II. History and a New Paradigm 

5. Defending the Civil Justice System: The Function of Sanctions 

I. Introduction 

II. Systems 

III. Analysis of Sanctions 

IV. Reform of Sanctions 

6. Process Costs and Error Costs: The Reform of Civil Appeals in Anglo-American Perspective 

I. Introduction 

II. Policy, Practicality and Proportionality 

III. First Appeals – The New Regime 

IV. Second Appeals – The New Regime