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See below for a selection of the latest books from Civil procedure, litigation & dispute resolution category. Presented with a red border are the Civil procedure, litigation & dispute resolution books that have been lovingly read and reviewed by the experts at Lovereading. With expert reading recommendations made by people with a passion for books and some unique features Lovereading will help you find great Civil procedure, litigation & dispute resolution books and those from many more genres to read that will keep you inspired and entertained. And it's all free!
Justice and Efficiency in Mega-Litigation explores the phenomenon of extremely long-running, resource-intensive civil litigation known as 'mega-litigation'. Such litigation challenges the courts to reconcile the objectives of justice and efficiency - for the parties to the case and for the community. Drawing on interviews with judges of the courts of England and Wales, and of Australia, this book shows how judges have responded to these challenges. It situates mega-litigation within broader developments in civil procedure and case management, as well as theoretical debates about the role of courts and the purpose of civil procedure. The book highlights the importance of intensive, creative and flexible case management; focus on the issues in dispute; and, ultimately, each judge's expert intuition.
Written by a team of experts from 36 Commercial, this new title describes the developing substance of cyber litigation setting out the position as regards: - disputes where the subject matter is data or a database - where the subject matter is software/programming and connected IP issues - regulatory implications and e-contracts - currency - internet of things It looks at the most common causes of action in cyber litigation, including cybercrime, IP (breach of copyright, trade mark infringement etc.), data protection breaches (eg DPA, GDPR); conflict of laws considerations; alternatives to litigation, such as, the NCA Prevent scheme and situations where arbitration/mediation are mandated. It identifies the pitfalls that those working in this arena need to look out for and address in order not to become involved in litigation as well as advice for those who do find themselves involved in cyber litigation.
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.
Moving beyond the outline format used by most students, this book uses a checklist format to lead students through the questions they need to ask and answer to fully analyse the legal questions they are trying to resolve. It assembles the different issues, presenting a clear guide to procedural analysis that students can draw upon when writing their exams. Other study aids provide sample problems, but this book offers a systematic approach to problem solving.
There is an urgent need to better understand the legal issues pertaining to alternative dispute resolution (ADR), particularly in relation to mediation clauses. Despite the promotion of mediation by dispute resolution providers, policy makers, and judges, use of mediation remains low. In particular, problems arise when parties lack certainty regarding the legal effect of a mediation clause, and the potential uncertainty regarding the binding nature of agreements to pursue mediation is problematic and threatens the growth of ADR. This book closely examines the importance and complexity of mediation clauses in commercial contracts to remedy this persistent uncertainty. Using comparative law methods and detailed empirical research, it explores the creation of a comprehensive framework for the mediation clause. Providing valuable insight into the process of ADR and mediation, this book will be of interest to academics, law makers, law students, in-house council, lawyers, as well as parties interesting in drafting enforceable mediation clauses.
At just under 700 pages, this casebook is structured so that civil procedure can be taught efficiently but at a high level. The tightly-edited cases are intended to capture students' interest and to teach doctrines and principles well. Notes are short and clear, but also intellectually challenging. The book has enough material to cover topics either quickly or in depth, and can easily be adapted for every credit allocation from 3 to 6. The casebook introduces students to the themes running through civil procedure: efficiency and fairness, advantages and disadvantages of the adversarial system, real-life litigation strategies, and issues of federalism and separation of powers. The 5th edition has been updated to include not only the most recent Supreme Court cases, but also new cases from the lower federal courts that keep the book contemporary and maintain student interest. All the significant recent amendments to the Federal Rules of Civil Procedure are discussed.
The Law and Business of Litigation Finance considers the international development of the law and practice of high value litigation and arbitration funding. It is an essential guide for those who provide or seek such funding, as well as for anyone who wishes to understand the litigation funding process and to avoid pitfalls. It answers questions such as: - How do litigation funders raise capital and how do they spend it? - What are their corporate and financial structures? - What type of cases do they invest in and what are their returns? - What are the key legal issues relating to litigation funding? The Law and Business of Litigation Finance assists various parties, including: - Those who do not have the resources or risk appetite to proceed in litigation or arbitration without financial support - Law firms who are interested in a significant business development opportunity, and fairer outcome for litigants - Insolvent estates, whose biggest assets are their potential claims - Judges, arbitrators and other neutral parties in funded dispute resolution cases - Regulators, legislators and policymakers in the fields of legal and financial services - Investors who seek high risk, high return opportunities The book is edited by one of the most accomplished litigation funders in the international market and has contributions from leading experts drawn from legal practice, financiers and academia. The focus is on the UK and the US, the two main centres for the international litigation funding industry, with reference to Australia, New Zealand and other select jurisdictions. As the first book on litigation finance to take an international, and particularly transatlantic, perspective, this is a must-have guide for all lawyers, commercial court judges, legal policy makers, regulators, investors, and academics in these jurisdictions.
This classic casebook has been thoroughly updated for 2020-retaining what has made it a favorite for decades while also remaining current and user-friendly. As ever, it contains lightly-edited cases with extensive explanatory notes, thereby teaching students how to read cases while learning doctrine. Some notes are historical and comparative, giving students a more nuanced understanding than can be obtained from simply studying current law. The book is accessible without sacrificing interest and complexity, providing a sophisticated understanding of civil procedure and the federal system. The book also remains adaptable to courses of different length and emphasis, and teaching the material in the instructor's preferred order. The twelfth edition has been thoroughly updated with extensive new material on personal jurisdiction, multidistrict litigation, the amended discovery rules (with a new exercise), and mandatory arbitration.
This Concise Hornbook covers the main points of civil procedure that any student needs to understand, and covers them briefly but thoroughly enough to be understandable. It focuses on the material covered in a typical law school course on civil procedure, tied to no one casebook. It breaks down the subject of civil procedure along the standard lines: a brief orientation; then a lengthier overview of the stages of litigation, followed by a close inspection of the major procedural problems (governing law, authority to adjudicate, former adjudication, and complex litigation); and finally some reflections in conclusion. It discusses specific problems and illustrations, with the aid of generously sprinkled diagrams and special text boxes. Special attention was given to fitting the civil procedure course's main points together to form the big picture, with each topic ending in a section on the big idea (separation of powers, vertical federalism, horizontal federalism, full faith and credit, or procedural due process) that the student is supposed to take from the topic.