Case Management and Complex Civil Litigation
By: Michael Legg
Civil litigation is more frequently giving rise to cases that are regarded as complex so that they are expensive for parties to run, time-consuming and use a large amount of tax-payer funded court resources. The government, judiciary and legal practitioners have expressed concern as to how to efficiently manage these cases. This book examines the case management tools available to the modern day judge for dealing with crucial aspects of complex civil litigation. The first chapter explains case management, complex civil litigation and how the former may be used to control the latter. Subsequent chapters focus on case management in relation to pleadings, discovery, expert evidence, alternative dispute resolution, summary judgment and the separate question procedure. The author also explains the role of the overriding/overarching purpose with its command that civil litigation is to be conducted in a manner which achieves justice while minimising cost and delay as this has major significance for complex cases. Latter chapters consider two specific examples of complex litigation and the ways in which they may be dealt with âe" commercial litigation and the specialist lists that have developed to deal with this type of case in New South Wales, Victoria and in the Federal Court, and class action or representative proceedings in the Federal Court. Lastly, the concerns or limitations as to case management are examined.
AI Overview
Book Overview: "Case Management and Complex Civil Litigation" by Michael Legg
Key Themes:
- Case Management Tools: The book examines the various tools available to modern-day judges for managing complex civil litigation. This includes aspects such as pleadings, discovery, expert evidence, alternative dispute resolution, summary judgment, and the separate question procedure.
- Complexity in Society: It discusses how complex civil litigation has become more common due to factors like increased regulation, sophisticated corporate transactions, advanced technology, globalization, and mass consumption.
- Justice and Efficiency: The text emphasizes the importance of conducting civil litigation in a manner that achieves justice while minimizing cost and delay, which is particularly significant in complex cases.
- Costs and Sanctions: The author explores the use of costs and sanctions to encourage and enforce compliance with civil procedure requirements in complex litigation.
- Procedural Fairness: The book addresses concerns about ensuring procedural fairness in case management.
Plot Summary: The book provides a detailed examination of the history and rationale behind case management principles and rules. It includes the most current and significant judicial pronouncements on these topics, making it a valuable resource for those involved in commencing or running complex litigation, as well as for those adjudicating such disputes. The text also considers the role of case management in minimizing the deleterious impact of complex civil litigation on cost and timeliness.
Critical Reception: While specific reviews are not provided in the search results, the book is described as a "valuable and highly practical resource" for those involved in complex litigation. It is noted to be greatly expanded since its first edition, indicating a comprehensive and authoritative treatment of the subject matter.
Publication Details:
- Author: Michael Legg
- Publisher: The Federation Press
- Edition: 2nd Edition
- Publication Date: 2022 (hardback)
- Digital ISBN: 9781760024000
- eBook Price: S$185.59 SGD
Overall, "Case Management and Complex Civil Litigation" by Michael Legg is a significant resource for legal professionals, judges, and scholars dealing with complex civil litigation, offering practical insights and historical context to manage these intricate legal processes effectively.