Principles, Procedure, and Justice

Dr Rabeea Assy is an Assistant Professor at the University of Haifa Law Faculty and a regular speaker at the University of Oxford. In 2011 Dr Assy obtained his DPhil from the University of Oxford, where he was a Clarendon Scholar and a Modern Law Review grantee. His LLB and LLM (ranked 1st in class, summa cum laude) were completed at the University of Haifa. In 2010-2011 Dr Assy was the Editor and subsequently the Editor-in-Chief of the Oxford University Commonwealth Law Journal, and in 2009 a Visiting Researcher at the Hauser Global Scholars Programme at New York University Law School. Dr Assy is an expert in comparative civil procedure. His work on litigation in person has earned him a number of prestigious awards and grants, including very generous research grants from the EU Marie Curie Actions Programme and the German-Israeli Fund. His work in this area has also been published in a number of leading journals across the Commonwealth. Andrew Higgins is a lecturer in civil procedure at the University of Oxford. He teaches civil procedure on the BCL/MJur programme, and has taught tort and contract at New College and University College Oxford. He is currently General Editor of Civil Justice Quarterly and the academic member of the Civil Justice Council. Andrew is also a practicing barrister at the Victorian Bar, specialising in complex civil litigation and class actions.

Contents Table of Cases Table of Legislation List of Contributors Introduction 1. A Man for All Processes Samuel Issacharoff Part I: The Changing Face of Evidence Law 2. Defining the Scope of the Hearsay Rule in Criminal Cases: A Comparative Perspective Andrew L-T Choo 3. Common Law Principles and the Expression and Use of Forensic Evidence in Criminal Cases Andrew Ligertwood 4. Adrian Zuckerman's New Evidence Scholarship Paul Roberts Part II: The Future of Judging 5. How Judges Decide Robert J Sharpe 6. The Bright but Modest Potential of Algorithms in the Courtroom Andrew Higgins, Inbar Levy, and Thibaut Lienart Part III: Culture, Technology, and a New Paradigm for Proportionality 7. The Civil Online Court in England Michael Briggs 8. Compliance Problems and Digitizing Case Management in England and Wales John Sorabji 9. Taking Seriously Affordability, Expedition, and Integrity in Adjudication Rabeea Assy Part IV: Funding Justice 10. Funding Civil Litigation Through Legal Expenses Insurance in Germany Peter Gottwald 11. Controlling Recoverable Costs Rupert Jackson 12. Just Costs Frederick Wilmot-Smith Part V: History of Procedure and Procedural Powers 13. Does Procedural Mean Trans-substantive? A Historical and Normative Analysis of English Civil Procedure Rules Carla Crifo 14. Inherent Jurisdiction and the Limits of Civil Procedure Stuart Sime Index