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Reforming civil procedure : trends in continental europe and england and wales
Mini-Dissertation (LLM)--University of Pretoria, 2019.
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| Other Authors: | |
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2020
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| _version_ | 1867613495019700224 |
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| access_status_str | Open Access |
| author2 | van Loggerenberg, Danie |
| author_browse | van Loggerenberg, Danie |
| author_facet | van Loggerenberg, Danie |
| collection | Thesis |
| dc_rights_str_mv | © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini-Dissertation (LLM)--University of Pretoria, 2019. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/73244 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:02.876Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2020 |
| publishDateRange | 2020 |
| publishDateSort | 2020 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/73244 Reforming civil procedure : trends in continental europe and england and wales van Loggerenberg, Danie u14095752@tuks.co.za Bekker, Thino Coetsee, Anlu Renette Civil Procedure UCTD Mini-Dissertation (LLM)--University of Pretoria, 2019. This research involves the timeless question regarding the effective improvement of access to justice. The problems pertaining to access to justice, especially in respect of litigation, have been experienced and exposed in several jurisdictions across the world and has become known as the battle against costs, delays and complexities. The goal shared by most jurisdictions is to give all individuals the right to have his or her legal dispute resolved by a judicial entity at a proportionate cost and in a reasonable time. South African authors have made several suggestions in respect of reforming civil procedure in order to combat the problems identified above, to reduce the backlog in our courts and, ultimately, to enhance access to justice for all. This research aims to find solutions by investigating different categories of civil procedural reform and by identifying which categories could serve as beneficial and prospective reforms for South African civil procedure. Accordingly, trends in civil procedural reform in Continental Europe and England will be investigated. Three countries have been identified for comparative analysis: England, the Netherlands and Belgium. Within each of these countries two trends have been identified, namely (1) case management, pretrial protocols and the distribution of powers between parties and judges; and (2) digitalisation, modernisation and computerization of procedural rules. A chapter will be allocated to each trend, briefly describing the manner in which the procedure functions and its recent development, comparing and contrasting the situation with the South African position. In conclusion, it will be considered in what way South African jurisprudence could benefit from the comparative analysis and identified reforms. The new developments in South African civil procedure relating to the specific categories of trends will further be investigated and discussed. Procedural Law LLM Restricted 2020-02-12T12:46:58Z 2020-02-12T12:46:58Z 2019-04-04 2019 Mini Dissertation Coetsee, AR 2019, Reforming Civil Procedure: Trends in Continental Europe and England and Wales, LLM mini-dissertation, University of Pretoria, Pretoria. A2020 http://hdl.handle.net/2263/73244 en © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | Civil Procedure UCTD Reforming civil procedure : trends in continental europe and england and wales |
| title | Reforming civil procedure : trends in continental europe and england and wales |
| title_full | Reforming civil procedure : trends in continental europe and england and wales |
| title_fullStr | Reforming civil procedure : trends in continental europe and england and wales |
| title_full_unstemmed | Reforming civil procedure : trends in continental europe and england and wales |
| title_short | Reforming civil procedure : trends in continental europe and england and wales |
| title_sort | reforming civil procedure trends in continental europe and england and wales |
| topic | Civil Procedure UCTD |
| url | http://hdl.handle.net/2263/73244 |