Justice: Continuity and Change

✍ Scribed by Lord Dyson

• Publisher: Hart Publishing
• Year: 2018
• Tongue: English
• Leaves: 485
• Category: Library

✦ Synopsis

This selection of essays, speeches and personal reflections, draws on the analysis of one of the leading lawyers of a generation. Lord Dyson, as Master of the Rolls and Head of the Civil Justice System, oversaw a period of reform of both law and legal process. This collection discusses some key themes of, and challenges faced during, his tenure as one of the most senior lawyers in England and Wales. Through these insightful, engaging and compelling pieces, a picture emerges of a robust system of law whose core values can be plotted back to the Magna Carta, but which is flexible enough to respond to current changes without fracturing. A truly compelling exploration of continuity and change in the law by one of its key jurists.

✦ Table of Contents

Acknowledgements
Contents
Introduction
Autobiographical Background
The Pace of Development of Our Law During My Professional Career
Themes of the Lectures and Speeches and Explanation of the Title of the Book
Reflections on the Common Law and the Power of the Judges
Human Rights
Magna Carta and the Rule of Law
Access to Justice and Civil Procedure
Overview
Part I: Reflections on the Common Law and the Power of Judges
1. Criticising Judges: Fair Game or Off-limits?
Introduction
Explanations
Conclusions
2. Academics and Judges
3. Are the Judges Too Powerful?
4. Magna Carta and Compensation Culture
Introduction
From Magna Carta to Compensation for Harm
From Compensation to Compensation Culture
Compensation Culture-Perception and Reality
Compensation Culture in England and Wales
Conclusion: Compensation Culture—Perception and the Law' s Shadow
5. Does Judicial Review Undermine Democracy?
6. Liability of Public Authorities in Negligence
7. The Shifting Sands of Statutory Interpretation
8. Time to Call it a Day: Some Reflections on Finality and the Law
9. The Globalisation of Law
Introduction
Conclusion
10. Recent Developments in Commercial Law Conference
11. The Contribution of Construction Cases to the Development of the Common Law
Introduction
Formation of Contract
Implied Terms
Contractual Interpretation
Damages
Duties of Care
Conclusion
Part II:
Human Rights
12. What is Wrong with Human Rights?
13. Human Rights in an Age of Terrorism
14. Religion and the Law: Some Current Problems
15. The Extraterritorial Application of the European Convention on Human Rights: Now on a Firmer Footing, But is it a Sound One?
The Law
The Cases
Where are we now?
Part III: Magna Carta and the Rule of Law
16. Magna Carta—Liberties, Customs and the Free Flow of Trade
The Importance of Magna Carta Today
17. Delay Too Often Defeats Justice
Introduction
Magna Carta-To No One Will We Deny or Delay Right or Justice
Delay-A Means to Defeat Justice
Dealing with Delay Today
Conclusion
18. Magna Carta and Religion
19. Runnymede
20. Advocates as Protectors of the Rule of Law
Part IV: Access to Justice and Civil Procedure
21. Litigators—Survive and Thrive
Introduction
Litigants-in-Person
Pre-litigation
Litigation
Trial
Conclusion
22. The Jackson Reforms and Civil Justice
Introduction
Implementation
Internationalism
Case Management and the Mitchell Case
Conclusion
23. Sharpening the Public Gaze: Advances in Open Justice in England and Wales
Introduction
Televising Courts
Social Media
The Judicial Communication Office and Media Panel
Case Management in Defamation Cases
Conclusion
24. Threats to Justice in the Twenty-first Century
Introduction
Litigation Funding
Fees
Online Courts and Justice
Conclusion
25. Halsey 10 Years On—The Decision Revisited
Introduction
Ten Years On-Reflections on Halsey Itself
Developments in England and Wales Since 2004
Conclusion—Where Next?
26. Arbitration versus Litigation
27. Arbitration After Brussels I Reform
Introduction
Background to Reform
The Green Paper and the Recast Regulation
Conclusion
Part V: Personal
28. School Speech Day
29. How My Classical Education Has Affected My Life
30. Valedictory
Part VI: Epilogue
31. Changes in the Law in the Last 50 Years
Index