Justice: Continuity and Change

Description

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. 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