Full Description
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.
Contents
PART I
THE PROBLEM
1. Introduction
2. Justice and Efficiency as Aims of Civil Procedure
3. What is Mega-Litigation?
4. Mega-Litigation in the Justice System
PART II
APPROACHES TO THE PROBLEM
5. Justice and Efficiency in Civil Procedure: Theoretical Perspectives
6. A Brief History of Justice and Efficiency in Civil Procedure
7. The Current Position in England
8. The Current Position in Australia
PART III
JUSTICE AND EFFICIENCY IN MEGA-LITIGATION
9. The Mega-Litigation Judge
10. Procedural Techniques in Mega-Litigation
11. Justice and Efficiency in Mega-Litigation
12. Conclusions
