The Role of Health and Safety Evidence in Regulation and the Civil Justice System: Preserving Protection of the Public

2014 ◽  
Author(s):  
Emily Hammond ◽  
Thomas Owen McGarity ◽  
Noah Sachs ◽  
Sidney A. Shapiro ◽  
Wendy E. Wagner ◽  
...  
Keyword(s):  
Justice System ◽  
Health And Safety ◽  
Civil Justice ◽  
The Public ◽  
Civil Justice System

scholarly journals The new Civil Procedure Rules. 1. The process of dispute resolution and litigation

2000 ◽  
Vol 6 (2) ◽  
pp. 153-158 ◽  
Author(s):  
Keith Rix
Keyword(s):  
Dispute Resolution ◽  
Justice System ◽  
Expert Witness ◽  
Civil Procedure ◽  
Previous Article ◽  
Civil Justice ◽  
England And Wales ◽  
Key Points ◽  
Civil Justice System

In the second of my previous two articles on the role of the expert witness, I anticipated the implementation of Lord Woolf's proposed reforms to the civil justice system in England and Wales (Rix, 1999). These changes came into effect on 26 April 1999 and they represent the most radical changes to the civil justice system for a hundred years. In the previous article, it was not possible to do more than list a few of the key points relevant to experts. The purpose of this article is to describe the changes in detail and show how they will, or can be expected to, affect the role of the expert.

scholarly journals Expert evidence and the courts 2. Proposals for reform, expert witness bodies and ‘the model report’

1999 ◽  
Vol 5 (2) ◽  
pp. 154-160 ◽  
Author(s):  
Keith J. B. Rix
Keyword(s):  
Justice System ◽  
Expert Witness ◽  
Expert Evidence ◽  
Civil Justice ◽  
Expert Report ◽  
Civil Justice System

In response to what are regarded as the two principal evils of the civil justice system, costs and delay, Lord Woolf, now Master of the Rolls, has presided over an inquiry which has resulted in some proposed reforms which should change radically the administration of civil justice. The implications for experts are best considered against the background of a brief overview of the proposed reforms. This paper then considers the role of the expert witness organisations and the medical version of ‘the model expert report’.

scholarly journals The Civil Justice System and the Public: Highlights of the Alberta Pilot

1969 ◽  
pp. 803
Author(s):  
Lois Gander ◽  
Diana Lowe ◽  
Mary Stratton
Keyword(s):  
Justice System ◽  
Civil Justice ◽  
University Of Alberta ◽  
The Public ◽  
Court Administration ◽  
Research Questions ◽  
Research Alliance ◽  
The University ◽  
Civil Justice System ◽  
Improve Access

In 1999, the Canadian Forum on Civil Justice initialed the "Civil Justice System and the Public," a research program designed to study the state of communication between the civil justice system and the public and to develop practices to improve communication so that the public can become more involved in civil justice reform. The goal of the project is to make specific and clear recommendations for effective change that will ultimately improve access to the civil justice system by increasing the ability of the system to hear, involve and respond to the public. Researchers from the Canadian Forum on Civil Justice and the University of Alberta are joined by partners from across Canada in academia, the judiciary; the legal profession, court administration, public legal education agencies, community organizations, private consultants and the public in a collaborative and multidisciplinary research alliance. The extensive partnership and our collaborative approach to the research are key to our "action research " design, which involves our partners in the drafting of research questions, data collection, analysis and dissemination. Through the active and engaged participation of our partners, our findings are broadly known, understood and acted upon, ensuring that change is promoted through the process of conducting the research itself. This article outlines the major features of the study and the findings, recommendations and conclusions arising out of the pilot study conducted in Alberta.

A comparative analysis of the criminal and civil justice systems in England and Wales

2017 ◽  
Author(s):  
Matthew R. Smith
Keyword(s):  
Justice System ◽  
Economic Viability ◽  
Fundamental Change ◽  
Credit Crisis ◽  
Civil Justice ◽  
England And Wales ◽  
The Public ◽  
International Credit ◽  
Justice Systems ◽  
Civil Justice System

This Chapter explores the current criminal and civil justice systems in England and Wales and compares their accessibility to the public, their value for money and their overall viability. The international credit crisis resulted in government cuts and streamlining has produced an appetite to reduce criminal and civil litigation. In the criminal justice system, fewer cases are prosecuted whilst in the civil justice system; there is a desire to deter litigation by a number of measures. This Chapter argues that this philosophy is detrimental to both systems resulting in the reduction of genuine litigation thereby rendering the accessibility to both systems difficult and unfair. Whilst their economic viability might appear to be sound, this Chapter maintains that overall they are not economically viable and there needs to be a fundamental change in philosophy and approach.

21st Century Citizen Pharma: The FDA & Patient-Focused Product Development

2018 ◽  
Vol 44 (2-3) ◽  
pp. 309-327 ◽  
Author(s):  
Jordan Paradise
Keyword(s):  
Product Development ◽  
Health And Safety ◽  
The United States ◽  
The Public ◽  
United States Food ◽  
Recent Developments ◽  
States Food ◽  
And Control ◽  
Patient Advocacy Groups

Perpetual debate regarding the delicate balance between access and innovation and the protection of the public health and safety dominate discussions of the United States Food and Drug Administration (“FDA”). Established chiefly as a command and control federal administrative agency, iterative changes in legislation have shaped the FDA's activity in drug, biologic, and medical device regulation over the course of the last one hundred plus years. The most recent fundamental reframing of the agency's authority and directive presented itself in the 21st Century Cures Act, reflecting an important role for patient perspectives in the regulatory process. This Article explores recent developments in patient-focused product development efforts at the FDA and offers modest insights on the increasing role of patients, and patient advocacy groups, in agency decision-making. The Article terms this era “21st century citizen pharma.”

Referral fees – the business of access to justice

Legal Studies ◽  
2012 ◽  
Vol 32 (1) ◽  
pp. 109-131 ◽  
Author(s):  
Andrew Higgins
Keyword(s):  
Justice System ◽  
Public Funding ◽  
Legal Rights ◽  
Access To Justice ◽  
Legal Services ◽  
Civil Justice ◽  
Better Regulation ◽  
The Government ◽  
The Right ◽  
Civil Justice System

The paper examines the controversial issue of referral fees for personal injury claims. It looks at the function of referral fees in the civil justice system, their relationship to the guarantees of access to court and the right to seek legal assistance in ECHR Art 6, and the debate about promoting access to justice or a litigious society. It examines the experience of the referral fees market in England and Wales, where the costs of referrals have risen dramatically and there is concern that referrers are auctioning their customers to the highest bidder rather than helping them find competent lawyers. Sir Rupert Jackson recommended banning referral fees in his report on the costs of civil litigation, and the Government has announced it will implement this recommendation. The paper considers the potential effects of a ban on competition in the legal services market and its compatibility with UK and EU competition law. The paper argues that a combination of better regulation of the industry and proper regulation of costs rules is a better and more proportionate way of controlling legal costs and the quality of legal services than an outright ban. While referral fees have not delivered all the benefits one would expect from a for-profit independent referrals service, they can help people obtain information about their legal rights, and competent lawyers to enforce them. This service is particularly valuable given that the state has substantially cut public funding of the civil justice system in recent years.

Lay Expectations of the Civil Justice System

1988 ◽  
Vol 22 (1) ◽  
pp. 137 ◽  
Author(s):  
William M. O'Barr ◽  
John M. Conley
Keyword(s):  
Justice System ◽  
Civil Justice ◽  
Civil Justice System
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