Civil Litigation: What is it For?

JA Jolowicz

in The Civil Procedure Rules Ten Years On

Published in print December 2009 | ISBN: 9780199576883
Published online March 2012 | e-ISBN: 9780191702228 | DOI:
Civil Litigation: What is it For?

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This chapter considers the roles and purposes of the institution of civil litigation in the 21st century. In England, civil litigation incorporates all forms of litigation except the criminal; proceedings against public authorities including those by way of the application for judicial review and proceedings relating to taxation are classed as civil. It is a widely shared opinion that the purpose of civil litigation is the resolution of civil disputes. This chapter argues that its origin lies in the need for the provision by the state of a non-violent alternative to self-help. That need has long ceased to exist, but nevertheless civil litigation retained until recently a virtual monopoly of organized dispute settlement.

Keywords: civil litigation; England; judicial review; taxation; civil disputes; dispute settlement

Chapter.  6491 words. 

Subjects: Constitutional and Administrative Law

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