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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.
Availability
Copies in the Library
Location
Call Number
Status
Location Service
Notes
ReCAP - Remote Storage
KDC878 .P37 2006
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Details
Subject(s)
Civil procedure
—
Scotland
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Related name
Stair Society
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Series
Stair Society (Series) ; 48.
[More in this series]
Stair Society ; 48
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.
Show 136 more Contents items
ISBN
9781872517193
1872517196
OCLC
82673129
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