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Article
Judges Ought To Be Active Referees And Not Mere Spectators
20 Commonwealth Judicial Journal (December 2012) 2 (2012)
  • David Hope
Abstract

David Hope, Deputy President of the Supreme Court of the United Kingdom. This article is based on the keynote address delivered at the CMJA 16th Triennial Conference, Kampala, Uganda, September 2012. This article sets out some guidelines for effective case management with respect to civil litigation, from managing the life cycle of a case more effectively, to ensuring judicial continuity and exercising closer control over the entire litigation. It sets out a list of issues which have to be borne in mind in this context, such as familiarity with rules of procedure, focusing on the principal issues in the case, setting down and adhering to timetables while avoiding apparent bias and ensuring fairness in the case. The article draws on some examples from the jurisdiction of Scotland, including practice notes in the area of adoption of children and directions for the management of a group of personal injury action. It is submitted that judges and magistrates who are doing their best to manage their cases actively, and who do so justly and proportionately, are entitled to expect to receive the support of the appellate judges if their decisions are taken to appeal. For more information, visit the website of the Commonwealth Magistrates’ and Judges’ Association at http://www.cmja.org

Keywords
  • case management,
  • civil litigation,
  • judicial continuity,
  • impartiality,
  • sanctions
Disciplines
Publication Date
2012
Citation Information
David Hope. "Judges Ought To Be Active Referees And Not Mere Spectators" 20 Commonwealth Judicial Journal (December 2012) 2 (2012)
Available at: http://works.bepress.com/commonwealthjudicialjournal/1/