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Court system in England and Wales - Essay Example

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The potential benefit of the Court System adopted in England and Wales is that the laid procedures offer quicker and more effective Court process, the system also ensures consistency in the decision making process, the system also supports the creation of a Corps of Specialist Advocates, and at parallel it has also reduced the work load.
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Court system in England and Wales
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Download file to see previous pages This provides the judge with an opportunity to grow his knowledge and expertise on the basis of the experience of hearing similar cases; this has supported his understanding of and familiarity with the subject matter. This procedure has saved out the time required by the previous judges to educate themselves for the variety of cases, the fundamental benefit of Specialist court is that it has reduced the duration of hearings, and reduced the costs for litigants, courts, and administrative staff. The procedure will develop the command and affiliation of a particular judge towards a particular issue and reference, the fact that the specialist judge is familiar with the particular area of law has frequently enabled the court to resolve and reach the conclusion at an early stage, through case management at a directions hearing, to ensure that only the core issues are pursued, and thus the reduction in the number of issues can be expected. (Graeme C. Moodie. The Government of Great Britain. 1961. Crowell. pp.241)
The strong and comprehensive understanding of the respective judges with the case material has ensured greater consistency in the decision making phase, and the outcome of the proceedings is more predictable. This is especially important in certain fields, such as family law, where the ultimate decision usually requires the exercise of a discretionary judgment. The practice has resulted in the uniformity of decisions and verdicts; the uniformity of the decision is expected to further improve by judges having a collegiate association with each other. The consistency of the decision is required especially in family cases, where the court's decision may well impact forcefully on the parties. If such consistency of the decision is not reflected by the court, it is feared that people and families will develop lack of confidence in the court system, and subsequently the court's authority will dilute. (Edward Cazalet. Specialised courts: Are they a "quick fix" or a long-term improvement in the quality of justice A Case Study. 5th March, 2001)
DEVELOPMENT OF CORPS OF SPECIALIST ADVOCATES
The Court system of England and Wales, has recommended the establishment of Specialized Court, provided that there is sufficient amount of work, which will be followed by the development of a corps of specialist advocates. The purpose and existence of the court is compulsory, so as to assist and support the running court. Furthermore, the practice of the specialist court will enable the newly appointees of specialized court in identification of the important issues relevant to the case, and thereby give to the parties concerned a more informed prognosis about the outcome of the case.
The Court system has further reduced the caseload of generalist courts, which are often overburdened. The specialist court is responsible for relieving the general court in case, a new legislation in particular field require thorough interpretation by the court. The specialist court is also responsible for ensuring that the mainstream of litigation is not impeded. (Philip Norton. The British Polity. 1984. Longman. pp.152)
INCREASED MOMENTUM OF LITIGATION
The adopted Court system has resulted in the increased momentum of litigation and saved costs. According to reports, the benefits of case management through the family court have been seen ...Download file to see next pagesRead More
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