Civil Law Advantages And Disadvantages

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Introduction Civil Justice System The civil justice system exists in order to enable individuals, businesses, and local and central government to vindicate, and where necessary, enforce their civil legal rights and obligations, whether those rights are private or public. It ensures that the rights and protection of citizens are called for. The rule of law dictates that government should not abuse their powers as per AV Dicey’s concept of the rule of law. In addition, the civil courts endorse economic activity, allowing contracts to be made between strangers because rights are taken care of in the courts if they are breached. However, can the civil justice be said to be without blemish whatsoever? Let us further explore the merits of the civil…show more content…
The various methods of ADR is further discussed below. Since the introduction of the CPR, ADR has significantly developed in England and Wales and the judiciary has also strongly encouraged the use of ADR. The judgments of the Court of Appeal in Cowl v Plymouth City Council and Dunnett v Railtrack plc both indicated that unreasonable failure to use ADR may be subject to cost sanctions. Indeed, the CPR have also introduced the possibility for cost sanctions if a party does not comply with the court‘s directions regarding ADR.…show more content…
A dispute that might otherwise go to court becomes subject to binding arbitration only by the agreement of the parties. In this sense, arbitration is a creature of contract, and the terms of the parties’ particular arbitration agreement are generally controlling. Private arbitration is now governed by the Arbitration Act 1996. The Arbitration (International Commercial) Act 1998 introduced the UNCITRAL Model Law as the procedural framework for international arbitrations. Many commercial contracts include what is known as a Scott v Avery clause, whereby parties agree that in the event of a dispute arising between them, they will resort to arbitration to settle the dispute. Formal schemes include the Advisory, Conciliation and Arbitration Service (ACAS) which deals with disputes in many fields. Advantages The main advantages are that the parties may choose their own arbitrator, be it a technical expert or by a lawyer or by a professional arbitrator. This could save the expense of having to call upon an expert in the particular field and saving the need to explain technicalities to a judge. For example, a maritime dispute over damaged goods can be arbitrated by a person who is knowledgeable about the conventional practices in that industry; or that a software dispute concerning the adequacy of custom developed software
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