The development and use of written pleadings in Scots civil procedure / David R. Parratt.

Author
Parratt, David R. [Browse]
Format
Book
Language
English
Published/​Created
Edinburgh : Stair Society, 2006.
Description
xvii, 242 pages ; 27 cm.

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    Details

    Subject(s)
    Series
    Bibliographic references
    Includes bibliographical references (p. 197-228) and index.
    Contents
    • Machine derived contents note: Introduction
    • (i) Three Primary Questions ix
    • (ii) A General Definition of Written Pleadings ix
    • (iii) What is Meant by "Civil Procedure"? x
    • (iv) Lessons From the History of the Development of Written
    • Pleadings x
    • (v) National Sensitivities and the Reform of Written Pleadings xiii
    • (vi) Written Pleadings and Scots Law xiv
    • (vii) Written Pleadings From an External Viewpoint xiv
    • (viii) Outline of this Volume xvi
    • Chapter One
    • Procedure and Pleading in the Seventeenth and Eighteenth Centuries-
    • The Start and Development of Written Pleadings
    • (i) Introduction
    • (ii) The Form of Process and Manner of Proceeding Before the
    • Supreme Court from the Time of Its Institution 3
    • (iii) The Inner House and The Outer House 4
    • (iv) The Theory, Mechanics and Dynamics of Litigation Before the
    • Court: The Bicameral Administration of Justice 8
    • (v) The Initial Stages of a Litigation Io
    • (vi) The "Dispute" and the Role of the Concept of Relevancy 13
    • (vii) Relevancy, Syllogistic Argument and Practice 14
    • (viii) The Advocates' Pleading at the Disputing 19
    • (ix) Tactics Employed by the Advocates 20
    • (x) The First Steps Towards Written Pleadings-The Report,
    • Solicitations and the Written Information 22
    • (xi) The Ordinary's Report and the New Role for Informations 26
    • (xii) Reclaiming Petitions 27
    • (xiii) The Developing Practice of Pleading by Written Documents 27
    • (xiv) More Pleading in Writing 29
    • (xv) The Court's Difficulties With Informations, Bills and Pleadings
    • in Writing 30
    • (xvi) Pressures on the Court: The Development of Rules of Pleading
    • in Writing 32
    • (xvii) Ongoing Reforms 34
    • (xviii) The Changing Nature of the Advocates' Function and the Effect
    • of Written Pleading 34
    • (xix) Further Pressures on the Court 36
    • (xx) Conclusion 37
    • v
    • Chapter Two
    • An Era of Change: Re-defining the Theory of Written Pleadings and the
    • Development of Civil Procedure, 1800-1825
    • (i) Introduction 39
    • (ii) Early Attempts at Change 41
    • (iii) Governmental Intervention and Scottish Sensibilities 42
    • (iv) A Different Approach-Swinton's Pamphlet and Reorganisation
    • of the Court: Tackling the Problems from Within 46
    • (v) The Early Nineteenth-Century Form of Process and the Role
    • Therein of Written Pleading 50
    • (vi) The Continued Prevalence of the Act before Answer 54
    • (vii) The Three R's: Representation, Reports and Reclaiming Petitions 59
    • (viii) The New Tory Government, the Court of Session Act i808 and
    • the Reorganisation of the Court of Session 60
    • (ix) The Work of the 1808 Commission Appointed to Inquire into
    • the Forms of Process in the Court of Session 62
    • (x) Act of Sederunt 7 February i8xo-More of the Same 64
    • (xi) The Commissioners' Second Report 65
    • (xii) Outstanding Business-The Introduction of Civil Jury Trial 65
    • (xiii) The Effect of the Jury Court on Written Pleading in the Court
    • of Session 67
    • (xiv) The Work of the 1823 Commission 69
    • (xv) The Written Evidence to the Commission 70
    • (xvi) The 1824 Commissioners' Report: A New Scheme for Written
    • Pleadings 73
    • (xvii) The 1824 Bill 75
    • (xviii) Conclusion 77
    • Chapter Three
    • The Development of the "Form of Process" and the Role and
    • Rules of Written Pleadings
    • (i) Introduction 79
    • (ii) The Scheme of the 1825 Act and the New Judicial Duties 84
    • (iii) Strictness and Discipline Under the Judicature Act 1825-
    • Charles Hope's New Broom 88
    • (iv) The New Strictness and the Development of "Rules of Written
    • Pleading" 94
    • (v) Summonses 95
    • (vi) Defences 98
    • (vii) The Condescendence and Answers. 99
    • (viii) The "Practice and Experience" of the Judicature Act 1825 (and
    • the Deviations) 101
    • (ix) The Profession's Desire for More Superintendence in the
    • Preparation of Records and Striking Out Irrelevant Material 1og
    • (x) The Commission's Report 1834 111
    • (xi) The Start of the Development of "Fair Notice"? 112
    • (xii) Ongoing Problems with Written Pleadings and Further Proposals
    • for Change 115
    • (xiii) The Court of Session Act 1850 II8
    • (xiv) Continuing Reform 1850-1875 119
    • (xv) Continuing Difficulties with Pleas in Law 120
    • (xvi) Jury Trial, Proof on Commission and the Procedure for Proof
    • before the Ordinary Sitting Without a Jury 123
    • (xvii) The Decline of the Jury Trial and the Taking of Evidence on
    • Commission 124
    • (xviii) Moncrieffs Bill of 1863 and the Court of Session Act 1868 126
    • (xix) The 1868 Act in Practice 130
    • (xx) Conclusion 132
    • Chapter Four
    • The Use of Written Pleadings in the Twentieth Century
    • (i) Introduction 133
    • (ii) The Historical "Civilian Stock" in Scottish Civil Procedure 133
    • (iii) The Adversarial Culture and the Role of the Judge 134
    • (iv) Civilian and Common Law Elements in the Development in
    • Scots Civil Procedure From 80oo Onwards 138
    • (v) Modern Scots Procedural Law and "Adversarialism" 142
    • (vi) Notions of Judicial Function in Scotland: The Adversarial
    • System, the Preparation of Pleadings and the Role of the Judge
    • at Proof 143
    • (vii) The House of Lords and the Plea to the Relevancy 146
    • (viii) Pleading Practices, Reparation and Jury Trials in the i96os and
    • 1970s. The Development of the "Procedure Industry" 148
    • (ix) The House of Lords and the Development of Pleading Practices
    • in the 1950s, g96os and 1970s 154
    • (x) Drafting and Standards of Written Pleadings 162
    • (xi) Some Reflections on Written Pleadings 166
    • (xii) Themes in the Historical Development of Written Pleadings and
    • Civil Procedure 167
    • (xiii) Some Problem Points of Practice? 170
    • (xiv) Conclusion 171
    • Chapter Five
    • The Future for Written Pleadings? A Conclusion
    • (i) Introduction 173
    • (ii) The Need For Reviewing The System of Written Pleadings:
    • The Rationale 173
    • (iii) Recent Criticisms of Scottish Civil Procedure and Traditional
    • Written Pleadings 174
    • (iv) Changes to Civil Procedure in the 980os and 1990os 175
    • (v) Changing Cultures. The Experiment of the Sheriff Court
    • Ordinary Cause Rules 1993 177
    • (vi) Changing Cultures in the Court of Session-The 1994
    • Commercial Cause Rules 179
    • (vii) Further Inroads into the Theory of Written Pleadings: The
    • Cullen Report 1995 182
    • (viii) The "Post-Cullen" Debate and the Continued Criticism of
    • Written Pleadings 184
    • (ix) The Coulsfield Proposals and the New Personal Injury Rules in
    • the Court of Session 186
    • (x) A Disparate Approach to Pleading in Writing 187
    • (xi) Conclusion: The Future for Traditional Written Pleadings 188.
    ISBN
    • 9781872517193
    • 1872517196
    OCLC
    82673129
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