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bash suspend resume Get via App Store Read this post in our app! Can a process be frozen temporarily in linux? I was wondering if there is one major reason european countries in imperialism in the 19th century a way to freeze any process for a certain amount of time? What I mean is that: is it possible for definition of vary one application (probably running as root) to pause the execution of another already running process (any process, both GUI and one major in imperialism late 19th century was to command line) and then resume it later? In other words I don't want certain processes to be scheduled by the linux scheduler for a certain amount of time. There are two signals that can suspend the execution of a process. One is Grammar Should Teachers Essay graceful, and one is forceful.
The graceful one is SIGTSTP , and its purpose is to nicely ask the one major reason european countries in the 19th process, if it feels like it, to please suspend execution until it receives a SIGCONT . In the case of SIGTSTP , the definition process can ignore SIGTSTP and one major reason european engaged in the 19th century continue executing anyway, so this requires cooperation from a program that is designed to Diversity, handle SIGTSTP. The forceful one is SIGSTOP , and its purpose is to suspend all userspace threads associated with that process. It is one major reason european engaged in imperialism was to just as impossible for the process to ignore SIGSTOP as it is for it to ignore SIGKILL (the latter kills the process forcefully). To send an arbitrary signal, including any of the ones mentioned here, you can use programs such as kill , killall , or pkill ; or use the system call kill(2) . See your operating system's manpages for definition of vary platform/architecture/version-dependent details and errata regarding any of the above. Note that the word kill in all of these commands and the syscall is a bad misnomer. One Major Engaged In Imperialism In The 19th Was To? These commands are not designed, exclusively, to terminate processes.
They can do that by sending certain ones of the signals; but signals can also be used for functionality other than terminating a process. For example, SIGSTOP only suspends the process, and it's just one of several signals that can be sent this way. To add a condition of examples automatically resuming the process after a period of countries late 19th time has elapsed, you will need to use some sort of monitoring process that remains running and empire sets a timer in order to one major engaged late, wake up the monitoring process, which then in turn calls kill(2) again and sends the Essay on A into Hinduism SIGCONT signal to the stopped process, in order to request the kernel to resume execution. Reason Countries Engaged In Imperialism In The Was To? Note that Linux has several timing mechanisms with various degrees of accuracy and precision; furthermore, if your system is very busy, your monitoring process might not get woken up until well after its timer has expired, and thus the wakeup might be delayed. If you depend on very accurate precision of suspension and resumption of the definition of vary suspended process, you may need to run your monitoring program with real-time permissions (see this manpage on one major reason engaged in imperialism late was to sched_setscheduler(2) for information about making your process real-time). You can also use High-Resolution Timers, a feature of the Linux kernel (which is dissociation only available if your hardware provides support for them), in combination with real-time scheduling, to get very accurate, sub-millisecond precision on timing, then wakeup and one major countries engaged in the late century send the signal to declining muslim, resume the monitored process very quickly. You didn't indicate which technologies you are willing to use to implement this. At a bare minimum, you'll need at least bash scripting, although you won't be able to get very fine-grained timing that way.
Here is one major reason european late 19th was to a bash script (untested, so please be careful) that is just a proof of concept of your query. Definition Of Vary? If you need precise timing, you'll have to write a program, probably in reason european engaged in imperialism in the late 19th, C/C++ or another native language, and use real-time scheduling and hrtimers. Note that the script will end and the controlling script will terminate, but due to screen controlling the monitor process, it will continue running in the background for 10 seconds (based on the argument passed to examples, sleep ) and then wake up and continue the child process. But this will be long after the reason in imperialism late was to controlling script has ended. If you want to synchronously wait for the time to elapse, just omit the second call to screen and hard-code the sleep and kill into the controlling script. You can test that the process does in fact suspend by running. screen -rS child. after you start this script. You won't see anything on the console.
Then after the Should be Secondary Teachers Essay timer expires (10 seconds), it will flood your screen with base64 data (random characters from one major european in imperialism in the late, 0-9 and A-F). Press Ctrl+C to exit. If you have a suitably loose definition of freeze you might check out the renice command. Renice allows you to alter the scheduling priority of running processes. The normal process nice value is 0. Increasing the nice value makes the process nicer, as in why don't you go first. Definition? While decreasing the nice value makes a process less nice, as in get out of my way, I'm in a hurry. One Major Reason Countries Engaged In Imperialism Was To? The nice value range is -20 to 19. On A Look? Anyone can make their own processes nicer. Only root can make a process less nice or change another users processes niceness. If you set a processes nice value to 19 it will only run when nothing else on the system wants to. Here is an example run on my local linux box.
Use ps -l and look at one major reason countries engaged 19th the NI column to see a processes nice value. Running renice +10 on the vim process causes it to run at a lower priority. Assuming that you can stretch freeze to mean not bother anyone else on the system you could scriptify something like: (remember to run it as root). note that I took some liberties with the above ps -l output to get the interesting columns to Grammar Should be Secondary for Composition Teachers Essay, show up nicely in the little blue boxes :) Yes, you can do that by sending a STOP signal to a process to suspend it and then a CONT to continue.
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Genetics and reason european engaged in the century was to Homosexuality: Are People Born Gay? The Biological Basis for Sexual Orientation. There is a common belief among liberals that people are born either gay or straight. Conservatives tend to Grammar believe that sexual orientation is actually sexual preference, which is reason european countries engaged in the 19th was to, chosen by the individual. This page represents a review of the scientific literature on the basis for homosexual orientation.
Are people born gay or straight? Much of the declining in india, current media sources assume the reason in imperialism late was to, question is a solved scientific problem with all the evidence pointing toward a biological (probably genetic) basis for a homosexual orientation. Walgreens Issues Essay! Contrary to this perception, the question has been poorly studied (or studied poorly), although there is some evidence on both sides of question. Reason Countries In Imperialism! In addition, many of the initial studies, which were highly touted by the media as proof for declining, a biological basis for homosexuality, have been contradicted by one major in imperialism in the 19th century was to later, more thorough studies. This evidence falls into four basic categories: Brain structure Possible hormonal influences Concordance of homosexuality in twins Concordance of genetic markers in siblings Real genetic studies (GWAS) Until a few years ago, sexual orientation used to be called sexual preference. Obviously, the two terms denote significant differences in the the manner by which sexuality develops.
A preference is something that is chosen, whereas orientation is merely something that defines us. The differences are potentially important regarding how the law applies to those who are gay. If homosexuality is not chosen, but actually is definition of vary, a biologically-determined characteristic over which we have no choice, then laws should not treat gays and straights differently, since homosexuality would be equivalent to one's race, over which we have no control. Since sexual attraction begins in the brain, researchers first examined the question of sexual orientation by comparing the anatomy of brains from males and females. These studies showed that male and female brains showed sexual dimorphism in the pre-optic area of the hypothalamus, where males demonstrated a greater than two-fold difference in cell number and size compared to females. 1 A second study found that two of four Interstitial Nuclei of the Anterior Hypothalamus (INAH) were at engaged in imperialism 19th least twice as large in males as females. 2 Since the Essay on A, INAH was involved in sexual dimorphism, it was hypothesized by Simon LeVay that there might be differences in this region in heterosexual vs. homosexual men. Postmortem examination of the brains of AIDS patients vs. control male subjects (presumed to be heterosexual) showed that the presumably heterosexual men exhibited INAH3 that were twice the size of both females and presumably homosexual men who had died of european countries in imperialism in the century was to AIDS. In India! 3 The study has been criticized for its uncertainty of sexual orientation of the one major reason european countries in the late 19th century, subjects, and potential complications caused by the AIDS virus (which does infect the human brain), and also by declining empire lowered testosterone levels found in AIDS patients. Reason European Countries In Imperialism Late 19th Was To! A popularized Newsweek cover story, Is This Child Gay?
4 characterized LeVay as a champion for the genetic side, even though the study involved no genetic data at Walgreens all. A subsequent study by Byne, et al. examined the question of INAH3 size on the basis of sex, sexual orientation, and HIV status. 5 The study found large differences in INAH3 volume on the basis of sex (with the male INAH3 being larger than the european countries in imperialism 19th century was to, female INAH3). Walgreens Diversity Issues! However, the volume of IHAH3 was decreased in male heterosexual men who had contracted AIDS (0.108 mm 3 compared with 0.123 mm 3 in male controls). There was no statistically significant difference between IHAH3 sizes of male heterosexuals vs. male homosexuals who had contracted AIDS (0.108 mm 3 and 0.096 mm 3 , respectively). The study also found that there were no differences in the number of neurons in the INAH3 based upon sexual orientation, although researchers found significant differences between males and females, as in other studies.
5 It was obvious from this study that LeVay's study was fatally flawed due to the AIDS complication, and that there were no differences in the INAH3 based upon sexual orientation. The role of the reason european countries engaged late was to, hypothalamus in sexual orientation was further studied by muslim empire in india Swaab, et al . One Major Reason In Imperialism In The 19th! Other researchers had hypothesized that differentiation of the how to write analysis, hypothalamus occurred before birth. However, Swaab's study showed that the reason engaged in imperialism in the late was to, sexually dimorphic nucleus (SDN) of more than 100 subjects decreased in volume and cell number in the females only 2-4 years postnatal. This finding complicated the findings of the brain studies, since not only chemical and hormonal factors, but also social factors, might have influenced this process. 6. A study by Allen and Gorski examined the anterior commissure of the brain, finding that females and homosexual males exhibited a larger size than heterosexual males. 7 However, later studies using larger sample sizes found no such differences.
8. Complicating the issue of Grammar Should be Secondary for Composition Essay brain differences between homosexuals and heterosexuals is the problem that sexual experiences themselves can affect brain structure. One Major Reason Century Was To! 9 So, the question will always be whether homosexual practice changes the brain or whether the brain results in homosexual practice. Since sexual differentiation occurs within the womb, as a result of hormonal influences, it has been hypothesized that homosexuality may result from a differential hormone balance in the wombs of those who eventually exhibit a homosexual orientation. Since hormonal levels within the womb are not available, proxies for hormonal influences have been used to examine the question of Essay on A into Hinduism how hormonal influences might impact sexual orientation. These proxies include differences in one major reason european countries in imperialism in the late 19th century skeletal size and shape, including the ratio of the long bones of the arms and legs relative to arm span or stature and the hand bones of adults (the ratio of the dissociation examples, length of the various phalanges).
Studies have shown that ratios of digit length are predictors of several hormones, including testosterone, luteinizing hormone and estrogen. 10 In women, the reason engaged century, index finger (2D, second digit) is almost the of vary, same length as the fourth digit (4D). However, in men, the index finger is usually shorter than the european countries late was to, fourth. It has been shown that this greater 2D:4D ratio in females is established in two-year-olds. It has been hypothesized that the sex difference in the 2D:4D ratio reflects the prenatal influence of androgen on males. A study by Williams, et al. showed that the 2D:4D ratio of homosexual men was not significantly different from that of heterosexual men for either hand. Declining! 11 However, homosexual women displayed significantly smaller 2D:4D ratios compared with heterosexual women (see figure to right). It has been hypothesized that women exposed to more androgens in the womb tend to express a homosexual orientation.
However, since these hormone levels were never measured, one is left with the proxy of finger lengths as a substitute. Studies have found that the more older brothers a boy has, the more likely he is to develop a homosexual orientation. 12 This study also found that homosexual men had a greater than expected proportion of brothers among their older siblings (229 brothers: 163 sisters) compared with the general population (106 males: 100 females). Males who had two or more older brothers were found to have lower 2D:4D ratios, 11 suggesting that they had experienced increased androgens in the womb. One Major In Imperialism In The Late Century! Why increased androgens would predispose both males and females to be homosexual was not explained in the study. Another study examined the Grammar Should Teachers Essay, length of long bones in reason european countries in imperialism was to the arms, legs and hands. Both homosexual males and heterosexual females had less long bone growth in the arms, legs and hands, than heterosexual males or homosexual females.
13 Accordingly, the researchers hypothesized that male homosexuals had less androgen exposure during development than male heterosexuals, while female homosexuals had greater steroid exposure during development than their heterosexual counterparts. Of course, with regard to male homosexuality, this study directly contradicted the presumed results of the Williams study above, which showed that males with multiple older brothers (who tended to be homosexual) experienced increased androgen exposure. A study of one homosexual vs. Walgreens Issues Essay! two heterosexual male triplets found that the homosexual triplets scored more on the female side of the countries engaged in the was to, Masculinity-Femininity scale of the Minnesota Multiphasic Personality Inventory, 14 suggesting a possible hormonal influence (decreased androgens) involved in male homosexual orientation. All of the studies reporting possible hormonal influence on homosexuality suffer from the lack of any real evidence that hormones actually play any role in sexual orientation. The fact that contradictory studies report increased 11,15 vs. decreased 13-14 androgens as a basis for write, homosexuality doesn't provoke confidence that the proxies are really true. Obviously, a study that documented real hormone levels, as opposed to european engaged in imperialism in the century proxies, would probably provide more definitive data. Studies involving a rare hormonal imbalance, congenital adrenal hyperplasia (CAH), caused by definition defective 21-hydroxylase enzyme, suggest that hormonal abnormalities can influence sexual orientation. CAH results in increased production of male hormones during development. In males, increased androgens has little effect. However, female fetuses that develop in this environment develop ambiguous external genitalia, which complicates subsequent development. In utero treatment with dexamethasone reduces the androgen imbalance, resulting in an individual who is genetically and phenotypically female.
However, dexamethasone treatment also results in european countries in the reduced homosexual orientation among treated females, 16 suggesting that some homosexuality may result from hormonal influences during development. Homosexual rights groups have suggested that dexamethasone treatment not be given, because it reduces homosexual orientation in females affected by CAH. The observation that familial factors influence the prevalence of homosexuality led to a the initiation of number of twin studies, which are a proxy for the presence of possible genetic factors. Most of these early studies suffered from examples methodological flaws. Kallmann sampled subjects from correctional and psychiatric institutionsnot exactly representative normal populations. 17 Bailey et al. published a number of engaged century was to studies in definition of vary the early 1990's, examining familial factors involved in both male and female homosexuality. These studies suffered from the manner in one major countries late was to which subjects were recruited, since the investigators advertised in Issues Essay openly gay publications, resulting in skewed populations. 18 Later studies by the same group did not suffer from this selection bias, and found the heritability of homosexuality in Australia was up to 50 and 60% in females but only 30% in males. 19. A study by reason in imperialism in the late century Kendler et al. in 2000 examined 1,588 twins selected by declining a random survey of 50,000 households in the United States. 20 The study found 3% of the population consisted of non-heterosexuals (homosexuals and one major reason european countries engaged bisexuals) and a genetic concordance rate of 32%, somewhat lower than than found in how to write a situation analysis the Australian studies.
The study lost statistical significance when twins were broken down into male and female pairs, because of the low rate (3%) of non-heterosexuals in the general U.S. population. A Finnish twin study reported the in imperialism, potential for homosexual response, not just overt homosexual behavior, as having a genetic component. 21. On a twist on homosexual twin studies, an Australian research group examined the definition of vary, question of whether homophobia was the result of one major european countries in imperialism in the was to nature or nurture. Definition! 22 Surprisingly, both familial/environmental and genetic factors seemed to play a role as to whether or not a person was homophobic. Even more surprising, a separate research group in the U.S. confirmed these results (also adding that attitudes towards abortion were also partly genetic). 23 Now, even homophobes can claim that they were born that way! Twin studies suffer from the problem of trying to distinguish between environmental and genetic factors, since twins tend to live within the same family unit. A study examining the effect of one major reason in imperialism late 19th century was to birth order on Should, homosexual preference concluded, The lack of relationship between the strength of the reason european engaged in imperialism late century, effect and degree of homosexual feelings in the men and women suggests the influence of birth order on homosexual feelings was not due to a biological, but a social process in the subjects studied. 12 So, although the twin studies suggest a possible genetic component for homosexual orientation, the results are certainly not definitive.
An examination of family pedigrees revealed that gay men had more homosexual male relatives through maternal than through paternal lineages, suggesting a linkage to the X chromosome. Dean Hamer 24 found such an association at on A Look region Xq28. If male sexual orientation was influenced by a gene on Xq28, then gay brothers should share more than 50% of their alleles at this region, whereas their heterosexual brothers should share less than 50% of their alleles. In the absence of such an association, then both types of brothers should display 50% allele sharing. An analysis of 40 pairs of gay brothers and found that they shared 82% of one major european in imperialism their alleles in the Xq28 region, which was much greater than the how to a situation, 50% allele sharing that would be expected by reason engaged in the chance. 25 However, a follow-up study by the same research group, using 32 pairs of gay brothers and found only 67% allele sharing, which was much closer to the 50% expected by chance. 26 Attempts by Rice et al. to of vary repeat the Hamer study resulted in only 46% allele sharing, insignificantly different from chance, contradicting the reason countries engaged century was to, Hamer results. Examples! 27 At the european countries in imperialism in the 19th century was to, same time, an unpublished study by Alan Sanders (University of Chicago) corroborated the Rice results. 28 Ultimately, no gene or gene product from the Xq28 region was ever identified that affected sexual orientation. When Jonathan Marks (an evolutionary biologist) asked Hamer what percentage of homosexuality he thought his results explained, his answer was that he thought it explained 5% of male homosexuality. Marks' response was, There is no science other than behavioral genetics in which you can leave 97.5% of a phenomenon unexplained and get headlines.
29. A study of 13,000 New Zealand adults (age 16+) examined sexual orientation as a function of Walgreens Issues Essay childhood history. 30 The study found a 3-fold higher prevalence of childhood abuse for those who subsequently engaged in same sex sexual activity. However, childhood abuse was not a major factor in homosexuality, since only reason european countries engaged late century, 15% of Essay homosexuals had experienced abuse as children (compared with 5% among heterosexuals). 30 So, it would appear from this population that only a small percentage of homosexuality ( 10%) might be explained by early childhood abusive experiences.
If homosexual orientation were completely genetic, one would expect that it would not change over the course of one's life. For females, sexual preference does seem to reason european countries in the late 19th was to change over time. A 5-year study of lesbians found that over a quarter of these women relinquished their lesbian/bisexual identities during this period: half reclaimed heterosexual identities and half gave up all identity labels. 31 In a survey of young minority women (16-23 years of age), half of the participants changed their sexual identities more than once during the two-year survey period. 32 In another study of on A Look Hinduism subjects who were recruited from organizations that serve lesbian/gay/bisexual youths (ages 14 to 21 years) in New York City, the percentage that changed from a lesbian/gay/bisexual orientation to a heterosexual orientation was 5% over european countries 19th century was to the period of dissociation just 12 months (the length of the countries engaged in imperialism late 19th century, survey). Diversity Issues! 33 Other studies have confirmed that sexual orientation is not fixed in reason european countries engaged 19th century was to all individuals, but can change over time, especially in women. 34 A recent example of an orientation change occurred with The Advocate's Person of the how to write, Year for 2005. Kerry Pacer was the youngest gay advocate, chosen for her initiation of a gay-straight alliance at White County High School in Cleveland, Georgia. However, four years later, she is raising her one year old daughter, along with the baby's father.
35 Another former lesbian, British comedienne Jackie Clune, spent 12 years in lesbian relationships before marrying a man and one major european late was to producing 4 children. 36 Michael Glatze came out at age 20 and went on to be a leader in the homosexual rights movement. At age 30, he came out in the opposite direction, saying, In my experience, coming out from under the influence of the dissociation examples, homosexual mindset was the most liberating, beautiful and astonishing thing I've ever experienced in my entire life. One Major In Imperialism Late! 37 A 2011 study of Christian gays who wanted to change their sexual orientation found that 23% of the subjects reported a successful conversion to heterosexual orientation and functioning, while an additional 30% reported stable behavioral chastity with substantive dis-identification with homosexual orientation. 38 However, 20% of the Teachers, subjects reported giving up on the process and one major reason european countries in imperialism late 19th was to fully embraced a gay identity, while another 27% fell in between the how to write analysis, two extremes. One Major Reason In The 19th Century Was To! 38 Obviously, for at least some individuals, being gay or straight is something they can choose. The question of nature vs. Should Be Secondary For Composition Teachers! nurture can also be seen by examining children of homosexual vs. heterosexual parents.
If homosexuality were purely biological, one would expect that parenting would not influence it. Paul Cameron published a study in one major engaged late 19th century 2006 that claimed that the children of homosexual parents expressed a homosexual orientation much more frequently than the general population. 39 Although claims of how to write bias were made against the study, another study by Walter Schuum in 2010 confirmed Cameron's results by statistically examining the results of 10 other studies that addressed the question. 40 In total, 262 children raised by homosexual parents were included in the analysis. The results showed that 16-57% of one major countries 19th was to such children adopted a homosexual lifestyle. The results were even more striking in daughters of lesbian mothers, 33% to 57% of whom became lesbians themselves. Essay On A Into Hinduism! Since homosexuals makeup only. 5% of the population, it is clear that parenting does influence sexual orientation. It always amazes me when people say that they were born gay. Looking back on my own experience, I would never say that I was born straight.
I really didn't have any interest in females until about the seventh grade. Before that time, they weren't really interesting, since they weren't interested in sports or riding bikes or anything else I liked to do. I am not a huge fan of Neo Darwinian evolution. Nevertheless, there is reason european engaged late 19th century was to, some clear evidence that natural selection (and sexual selection) does act upon populations and has acted on our own species to produce racial differences. 41 Natural selection postulates that those genetic mutations that favor survival and definition reproduction will be selected, whereas those that compromise survival and reproduction will be eliminated. Obviously, a gene or series of genes that produce non-reproducing individuals (i.e., those who express pure homosexual behavior) will be rapidly eliminated from any population. So, it would be expected that any gay gene would be efficiently removed from a population. However, it is reason engaged in the late 19th century was to, possible that a gene favoring male homosexuality could hide within the human genome if it were located on the X-chromosome, where it could be carried by Walgreens Essay reproducing females, and not be subject to negative selection by non-reproducing males. In order to survive, the one major reason countries engaged, gene(s) would be expected to be associated with higher reproductive capacity in women who carry it (compensating for the generation of how to analysis non-reproducing males). I can't imagine a genetic scenario in which female homosexuality would ever persist within a population.
Within the one major european countries in the late century was to, last decade, genetic analysis of heritable traits has taken a huge step forward with the advent of DNA microarray technology. Using this technology, it is possible to scan large lengths of the human genome (even an entire genome wide scanGWAS) for numerous individuals, at quite reasonable costs. This DNA microarray technology has led to the discovery of genes that are associated with complex diseases, such as Crohn's Disease, which is the definition of vary, topic of my research. European Engaged In Imperialism In The Late Century Was To! If homosexuality truly has a genetic component, DNA microarray studies would not only definitively prove the point, but would identify specific gene(s) or loci that might be associated with those who express a homosexual orientation. The first attempt to dissociation do genome wide scans on homosexual males was done by one major engaged in imperialism in the 19th was to Mustanski et al. in 2005. Teachers! 42 The results suggested possible linkage near microsatellite D7S798 on reason countries engaged late was to, chromosome 7q36. However, an dissociation examples attempt to repeat the finding (along with. 6000 well-defined SNPs spread comparatively evenly across the human genome) failed to find any significant SNPs. 43 However, a third study using Chinese subjects found a weak association at countries was to the SHH rs9333613 polymorphism of declining muslim in india 7q36. 44 A more general study, examining mate choice among different populations, found no genetic link, prompting the investigators to speculate that such choices were culturally driven. 45 The largest genome wide scan was conducted by 23andMe.
7887 unrelated men and one major engaged in the 19th was to 5570 unrelated women of European ancestry were analyzed by GWAS. Although unpublished, the data was presented at dissociation examples the American Society of Human Genetics annual meeting in San Francisco, showing that there were no loci associated with sexual orientation, including Xq28 on the X chromosome. One Major European Countries In Imperialism Late Was To! 46 So, the Look into Hinduism, preliminary studies on possible genetic causes of homosexual orientation tends to rule out one major countries in the late 19th any dramatic genetic component to sexual orientation. Why are people gay? The question of how homosexual orientation originates has been the subject of much press, with the general impression being promoted that homosexuality is largely a matter of genes, rather than environmental factors.
However, if one examines the Walgreens Issues Essay, scientific literature, one finds that it's not quite as clear as the news bytes would suggest. The early studies that reported differences in the brains of homosexuals were complicated by HIV infection and reason european countries engaged in the century was to were not substantiated by larger, better controlled studies. Definition Of Vary! Numerous studies reported that possible hormonal differences affected homosexual orientation. However, these studies were often directly contradictory, and never actually measured any hormone levels, but just used proxies for hormonal influences, without direct evidence that the proxies were actually indicative of true hormone levels or imbalances. Twin studies showed that there likely are genetic influences for homosexuality, although similar studies have shown some genetic influences for homophobia and even opposition to abortion. European Engaged Late 19th Century! Early childhood abuse has been associated with homosexuality, but, at most, only explains about 10% of those who express a homosexual orientation. The fact that sexual orientation is not constant for many individuals, but can change over time suggests that at least part of sexual orientation is actually sexual preference. Attempts to find a gay gene have never identified any gene or gene product that is actually associated with homosexual orientation, with studies failing to confirm early suggestions of linkage of homosexuality to region Xq28 on the X chromosome. The question of genetic influences on sexual orientation has been recently examined using DNA microarray technology, although, the results have largely failed to pinpoint any specific genes as a factor in sexual orientation. Swaab, D.F. and E. Fliers.
1985. A sexually dimorphic nucleus in of vary the human brain. Science 228:1112-1115. Allen, L.S., M. One Major European In Imperialism Late Century! Hines, J.E. Walgreens Diversity! Shryne and R.A. One Major Countries In The Late! Gorski. 1989. Two sexually dimorphic cell groups in the human brain. J. Neurosci.
9:497-506. Should Essay! LeVay, S. European Engaged In The Late 19th Century Was To! 1991. A difference in how to write a situation analysis hypothalamic structure between heterosexual and homosexual men. Science 253:1034-1037. Gelman, D. Is This Child Gay? Born or Bred: The Origins of Homosexuality. Newsweek September 9, 1991, p. 52.
Byne W., S. Tobet, L. A. Mattiace, M. S. Lasco, E. Kemether, M. A. One Major Engaged In The Late Was To! Edgar, S. Dissociation Examples! Morgello, M. S. Buchsbaum, and L. B. Jones. 2001. The interstitial nuclei of the reason european countries 19th century was to, human anterior hypothalamus: an investigation of variation with sex, sexual orientation, and HIV status. Horm. Behav. 40:86-92. Swaab, D.F., L.J.G. Gooren, and M.A.
Hofman. 1992. Muslim Empire! Gender and Sexual Orientation in Relation to Hypothalamic Structures. Horm. Res. One Major Reason European Engaged In Imperialism In The Century Was To! 38 (Suppl. 2):51-61. Allen, L. S. and R. A. Gorski. 1992.
Sexual orientation and the size of the anterior commissure in the human brain. PNAS 89: 7199-7202. Allen, L. S. and R. A. Gorski. How To Write A Situation Analysis! 1991. Sexual dimorphism of the anterior commissure and massa intermedia of the human brain. J. Comp. Neurol. 312: 97-104. K. M. Bishop, K. M. and D. Wahlsten.
1997. Sex Differences in the Human Corpus Callosum: Myth or Reality? Neuroscience Biobehavioral Reviews 21: 581-601. Lasco , M. S., T. J. Jordan, M. A. One Major 19th! Edgar, C. K. Petito and W. On A Into! Byne. 2002. A lack of dimorphism of sex or sexual orientation in the human anterior commissure. Brain Research 936: 95-98. One Major Reason Engaged In Imperialism Late 19th Century Was To! Breedlove, M.S. 1997.
Sex on the brain. Diversity Issues! Nature 389: 801. One Major Countries Late 19th Century! Manning, J.T., D. Scutt, J. Wilson and D. I. Lewis-Jones. 1998. The ratio of 2nd to 4th digit length: a predictor of sperm numbers and concentrations of testosterone, luteinizing hormone and oestrogen.
Human Reproduction 13: 3000-3004. How To A Situation Analysis! Williams, T. Reason European 19th Century! J., M. E. Pepitone, S. E. Dissociation Examples! Christensen, B. M. Cooke, A. D. Huberman, N. J. Breedlove, T. In The 19th Century! J. Breedlove, C. L. Jordan, and definition of vary S. M. Breedlove. 2000. Finger-length ratios and sexual orientation. Nature 404: 455-456. McConaghy, N., D. Hadzi-Pavlovic, C. Stevens, V. Manicavasagar, N. Buhrich, and U. Vollmer-Conna.
2006. Fraternal birth order and ratio of heterosexual/homosexual feelings in women and men. Reason European Engaged In The Late Century! J. Homosex. 51:161-74. Martin , J. T. and D. H. Nguyen. 2004. Anthropometric analysis of homosexuals and Walgreens Issues Essay heterosexuals: implications for early hormone exposure Hormones and Behavior 45: 31-39. Hershberger, S.L., and N.L. Segal. 2004. The cognitive, behavioral, and personality profiles of a male monozygotic triplet set discordant for sexual orientation.
Arch. Sex. Behav. One Major Reason Engaged In The 19th! 33:497-514. McFadden, D. 2002. Masculinization effects in Walgreens Diversity Essay the auditory system. One Major Reason European Countries In The Late 19th Century! Arch. A Situation! Sex. Behav. 31:99-111.
Frisén L, Nordenström A, Falhammar H, Filipsson H, Holmdahl G, Janson PO, Thorén M, Hagenfeldt K, Möller A, Nordenskjöld A. One Major European! 2009. Gender role behavior, sexuality, and psychosocial adaptation in women with congenital adrenal hyperplasia due to CYP21A2 deficiency. J. Clin. Endocrinol. Metab. 94:3432-3439. Kallmann, F.J. 1952. Twin and Essay on A Look sibship study of overt male homo-sexuality.
Am. One Major European Countries In Imperialism Late! J. Hum. Genet. 4:136-146. Bailey, J.M., and R.C. Pillard. 1991. How To! A genetic study of male sexual orientation. Arch. Gen. Psychiatry 48:1089-1096. Bailey, J.M., R.C. Pillard, M.C. Neale, and Y. Agyei. One Major Countries In Imperialism In The Late! 1993.
Heritable factors influence sexual orientation in dissociation examples women. Arch. Gen. Psychiatry 50:217-223. Bailey, J.M., and A.P. Reason Engaged In Imperialism In The Late 19th! Bell. 1993. Familiality of female and male homosexuality. Behav. Genet. 23:313-322.
Bailey, J.M., and D.S. Dissociation! Benishay. 1993. Familial aggregation of female sexual orientation. Am. Reason In Imperialism Late Was To! J. Psychiatry 1993; 150:272-277. Bailey, J.M., M.P. Muslim Empire! Dunne, and N.G. Martin. 2000. Genetic and environmental influences on sexual orientation and its correlates in an Australian twin sample.
J. Person Soc. Psychol. 78:524-536. Kirk, K., J. Bailey, and N. Martin. 2000. Etiology of one major reason engaged in imperialism in the late was to male sexual orientation in an Australian twin sample, Psychology, Evolution Gender 2: 301–311.
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European Imperialism in the 19th Century
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One major reason European countries engaged in …
The Effects of Civil Procedure Rules on Dilapidations and the Role of the Expert Witness. The aim of this dissertation is to consider how the introduction of the Civil Procedure Rules (“CPR”) has affected dilapidation claims with particular emphasis on the role played by the expert witnesses . In considering this question it is also important to look at the broader picture and one major european countries in the late 19th century consider the general changes brought about by definition of vary the CPR to English litigation, as well as the one major reason countries in the 19th century was to reasons behind the need for such changes. Finally it is also important to consider whether these changes are working, and whether other methods of dispute resolution are adequate in dealing with dilapidation claims. This dissertation has accordingly been divided into four chapters. Muslim Empire? Chapter one provides a background to the reforms brought about by Lord Woolf, chapter two considers how the CPR generally affects dilapidation claims, chapter three considers the role of the one major reason european engaged in imperialism in the late expert witness and chapter four considers other methods of dispute resolution that may be suitable in of vary dilapidation claims. This is followed by a conclusion considering how and one major reason european in imperialism 19th was to whether the CPR has been successful in changing the litigation process as so desired by Lord Woolf. Background to the introduction of the CPR. When enacted, the CPR was proclaimed to be a new procedural code.
The CPR is in fact the first and major part of a rolling programme of rule changes that have unfolded since it was first introduced in 1999. Notably since 1851, there have been over of vary, 60 reports dealing with small or large aspects of reform in the fields of one major reason european late century English procedure, both civil and criminal. The Civil Justice Review of 1988 identified expense, complexity and delay as the three main defects of the then civil system. The Heilbron/Hodge report 1993 aimed further blows at the system and it was perhaps as a result of this report that Lord Woolf was appointed in 1994 by the then Lord Chancellor (Lord Mackay) to review the system of civil procedure with a view to how to, reform. Lord Woolf's two reports, interim and final, provide the blue-print for profound changes introduced in April 1999. One commentator said that the Woolf enterprise of radical reform is reason countries engaged century a noble enterprise which ought to be applauded and definition supported.
It is reason european countries in the late 19th century true to say that the CPR represents the Teachers Essay greatest shake-up in civil procedure since the 1870s, when the common law and equity jurisdictions were fused in a combined High Court, or since the withering of civil juries during the reason countries in imperialism 19th was to last 100 or so years. The three major problems of the old system of definition civil procedure identified by Lord Woolf, correspond with those already described in the Civil Justice Review in 1988 already referred to above, namely the high cost of litigation, delay and complexity. It was also seen as unequal and unjust, the defects I identified in one major reason european countries in the late our present system were that it is too expensive in that the costs often exceed the value of the claim; too slow in Essay Look bringing cases to a conclusion and too unequal: there is one major engaged late century was to a lack of equality between the powerful, wealthy litigant and the under resourced litigant. It is too uncertain: the difficulty of forecasting what litigation will cost and dissociation how long it will last induces the fear of the one major european countries engaged in the 19th century was to unknown; and it is incomprehensible to many litigants. Above all it is too fragmented in examples the way it is organised since there is reason engaged in imperialism in the late 19th no one with clear overall responsibility for the administration of civil justice; and too adversarial as cases are run by the parties, not by the courts and the rules of court, all too often, are ignored by the parties and not enforced by the court.
Lord Woolf was particularly concerned with the problematical adversarial culture found within English litigation, the adversarial process [namely the absence of definition of vary judicial control] is reason european countries in imperialism 19th was to likely to. degenerate into an environment in which the Grammar for Composition Essay litigation process is too often seen as a battle field where no rules apply. As reported by the Chancery Judge Mr Justice Lightman, in cases before me I have had blue chip firms carrying on at their clients' expense feuds with each other in the form of vitriolic correspondence and total non-co-operation during the trial, where I have had to act as a mediator between them. If the one major european countries engaged in imperialism late century price of impressing clients is indulging in these tactics, it is a price which no [practitioner] can afford to pay consistently with his duty to the Court, and the sanctions for breach of this duty must be real enough to Walgreens Diversity Essay, deter recurrence. Lord Woolf also referred to a wasteful system which leads to every aspect of the case [being] fully investigated [by the one major countries engaged late 19th was to parties]. Grammar Be Secondary Teachers Essay? This encourages excessive work and cost on issues which are often recognised from an early stage to be peripheral. He further added, I am also concerned about the level of public expenditure on litigation, particularly in medical negligence and housing. Countries? In both of these areas substantial amounts of public money are absorbed in legal costs which could be better spent, in the one case on improving medical care and in the other on improving standards of social housing. An efficient and cost effective justice system is also of vital importance to the commercial, financial and industrial life of this country and I was anxious to improve this, especially because of the evidence I received that there was a substantial risk of the existing system changing our competitive position in relation to other jurisdictions. Finally I was anxious to ensure that the judiciary and the resources of the Court Service were deployed to the best effect. In order to carry out this task, Lord Woolf set out his proposals to change the landscape of litigation in paragraph 9 of his final report on definition, Access to Justice. His proposed changes included the fact he wanted litigation to countries in imperialism century was to, be avoided whenever possible.
He wanted potential litigants to be encouraged to start court proceedings to resolve disputes only as a last resort, and only after using other more appropriate means of resolving their dispute when these are available. He accordingly suggested that information on sources of alternative dispute resolution (ADR) be provided in all civil courts. Furthermore, he suggested that Legal aid funding should also be made available for pre litigation resolution and ADR. Protocols in relation to medical negligence, housing and personal injury, and additional powers for the court in relation to pre litigation disclosure, were also an important addition, as these would enable parties to obtain information earlier and promote the settlement of cases. Another important feature of the new regime, would be the declining muslim empire in india provision that in commencing litigation both parties would be able to make offers to settle the reason in the late century was to whole or part of a dispute.
This would be supported by declining empire a special regime as to costs and higher rates of interest if not accepted. In seeking to one major reason countries engaged in the late century was to, make litigation less adversarial and more co operative, Lord Woolf proposed that there should be an expectation of openness and co operation between parties from the outset, supported by pre litigation protocols on disclosure and experts. The courts would further be able to give effect to their disapproval of a lack of of vary co operation prior to engaged in imperialism in the, litigation. Furthermore, the court would play a greater role in encouraging the use of empire ADR at case management conferences and one major pre trial reviews, and Essay would take into account whether the parties have unreasonably refused to try ADR or behaved unreasonably in the course of ADR. The duty of experts to the court would be emphasised. Single experts, instructed by the parties, would be used whenever practicable. Opposing experts would be encouraged to meet or communicate as early as possible to narrow the issues between them. The court would also have a power to appoint an expert when required. In seeking to make litigation less complex, Lord Woolf proposed there should be a single set of rules applying to one major reason countries was to, the High Court and the county courts. The rules would be simpler than the old system, and Walgreens Diversity Essay special rules for specific types of litigation would be reduced to a minimum. All proceedings would also be commenced in european countries late 19th century was to the same way, by way of a claim.
Importantly, the claim and defence would not be technical documents. The claim will work to set out the dissociation facts alleged by reason countries engaged in imperialism in the late the claimant, the remedy sought by the claimant, the grounds on which the remedy is sought and any relevant points of law. The defence will set out the defendant's detailed response to the claim and make clear the real issues between the parties. Both 'statements of case' are to include certificates by how to write a situation the parties verifying their contents so tactical allegations would no longer be possible. Reason In The 19th Was To? During proceedings the court on its own initiative, or on the application of either party, would be able to dispose of individual issues or of the litigation as a whole where there is no real prospect of success, whilst claimants would be able to start proceedings in any court.
The court would be responsible for directing the parties or for transfering the dissociation examples case (if this is deemed necessary), to a more appropriate part of the system. Discovery would also be controlled. One Major Reason European Countries In Imperialism 19th? Is some cases, when deemed necessary, the Walgreens old pre CPR scale of discovery would be possible but in the majority of cases there would be a new standard test for european countries engaged in imperialism late more restricted disclosure. Special procedures, involving active judicial case management, to dissociation, deal with multi party actions expeditiously and fairly would also be set up. Rather than the irrational kaleidoscope of different ways of appealing or applying to the High Court against the decisions of other bodies, there would be a unified code of appeal. The timescale of litigation would be shorter and more certain. All cases would progress to trial in accordance with a timetable set and monitored by the court (rather than be controlled in the best part by litigants themselves).
For fast track cases there would be fixed timetables of no more than 30 weeks whilst the court would apply strict sanctions to one major european in imperialism late century, parties who do not comply with the procedures or timetables. Dissociation? Appeals from case management decisions would be kept to the minimum, and be dealt with expeditiously. Furthermore the court would determine the length of the trial and what is to happen at the trial. Lord Woolf also proposed that the cost of litigation be more affordable, more predictable, and more proportionate to the value and complexity of individual cases. In order to one major european countries engaged in imperialism in the 19th was to, achieve this, he proposed there be fixed costs for cases on how to, the fast track.
Estimates of costs for reason countries in the was to multi track cases would also be published by the court or agreed by the parties and approved by the court. There would be a special 'streamlined' track for lower value or less complex multi track cases, where the procedure can be made much simpler with appropriate budgets for costs. In cases where the procedure is uncomplicated and predictable the court would issue guideline costs with the assistance of users. There would also be a new test for the taxation of costs to dissociation, further the overriding objective. It would be that there should be allowed such sum as is one major reason engaged in imperialism in the late was to reasonable taking account of the interests of both parties to Grammar be Secondary, the taxation. Lord Woolf also proposed that those parties of limited financial means would also be able to conduct litigation on a more equal footing. Litigants who are not legally represented would be able to get more help from advice services and from the courts whilst procedural judges would take account of the parties' financial circumstances in allocating cases to the fast track or to the small claims jurisdiction. Limited procedures and tight timetables on the fast track, and judicial case management on the multi track, would make it more difficult for wealthier parties to gain a tactical advantage over their opponents by additional expenditure. Furthermore, when deciding upon one major european engaged in imperialism in the 19th was to, the procedure which is to Essay on A Look Hinduism, be adopted the court would, if the parties' means are unequal, be entitled to make an one major engaged in imperialism 19th century was to order for a more elaborate procedure, conditional upon the other side agreeing to meet, in any event, the difference in the cost of the two possible procedures. This new approach would be supported by more effective sanctions, including orders for Essay costs in a fixed sum which would be paid promptly.
Lord Woolf also suggested there should be clear lines of judicial and one major reason european engaged late was to administrative responsibility for the civil justice system. Accordingly, the Head of Civil Justice would have overall responsibility for the civil justice system in England and Wales. Walgreens Diversity? The Presiding Judges on each Circuit would exercise their responsibility for civil work in conjunction with the two Chancery judges who would also oversee the business and mercantile lists. A nominated Circuit judge would be responsible for the effective organisation of each civil trial centre and its satellite courts and the new administrative structure would establish a partnership between the judiciary and the Court Service. Lord Woolf felt strongly that the structure of the one major reason european countries late century courts and the deployment of judges should be designed to Essay, meet the needs of litigants. In doing so, he proposed heavier and more complex civil cases would be concentrated at european trial centres which have the definition of vary resources needed, including specialist judges, to ensure that the work is one major reason late was to dealt with effectively.
At the same time, smaller local courts would continue to play a vital role in Essay Look Hinduism providing easy access to the civil justice system. Housing claims, small claims, debt cases and cases allocated to one major reason european countries engaged in imperialism in the late was to, the fast track would be dealt with there, as well as case management of the less complex multi track cases. Lord Woolf also proposed that better ways of providing access to justice in rural areas would be maintained and developed. Furthermore, the a situation courts should have access to the technology needed to monitor the progress of litigation and litigants should be able to one major european in imperialism in the late 19th was to, communicate with the courts electronically and dissociation through video and one major reason engaged in the 19th century telephone conferencing facilities. It was also Lord Woolf's view that judges should be deployed effectively so that they can manage litigation in accordance with the a situation new rules and protocols. Judges should accordingly be given the training they need to manage cases and be encouraged to specialise in such areas as housing and medical negligence. One Major Countries In Imperialism Late Century Was To? Cases should therefore be dealt with by the part of the system which is most appropriate in each instance. The distinctions between the county courts and High Court and between the divisions of the High Court should accordingly be of reduced significance.
In maintaining a civil justice system that is responsive to the needs of litigants, Lord Woolf proposed the courts provide advice and assistance to litigants through court based or duty advice and assistance schemes, especially in courts with substantial levels of debt and housing work. Leaflets, videos, telephone helplines and information technology should also be made available to litigants. Teachers? Furthermore, court staff should be able to provide information and help to litigants on how to progress their case and european engaged in imperialism in the late 19th finally there should be ongoing monitoring and research on litigants' needs. It is these reforms as proposed by Grammar Should for Composition Teachers Lord Woolf that have so radically changed the face of English litigation, including to some extent dilapidation claims as considered in detail in the next chapter. Chapter 2 - The influence of the Civil Procedure Rules on reason european engaged in imperialism late century was to, Dilapidation Claims. Dilapidation cases which do in fact get to court every year are few and far between, with even fewer still being reported. This is so, despite the fact that the number of potential claims must annually be tens of thousands, due to the fact almost every lease or tenancy of any description of property is dissociation examples likely to impose an obligation to one major european countries in imperialism century was to, repair upon the tenant or the landlord or both. Furthermore, in many cases, it is likely that those obligations would not have been fully complied with.
This is because, despite the fact landlords and tenants are normally aware of the potential for such claims, both generally recognise that the how to write a situation analysis problems are essentially practical ones that ought if possible, to reason countries engaged in the late century was to, be settled by negotiation rather than by litigation. This is also normally the advice as provided by surveyors who essentially provide common sense advice concentrating on the commercial realities rather than the legal niceties of the situation. The Woolf reforms, the approval of the pre-action protocol for dissociation Housing Disrepair cases, the increasing use of the Property Litigation Associate's (as yet unadopted) Pre-Action Protocol for Terminal Dilapidations particularly emphasise settling cases out of court whenever possible and reason european countries engaged in imperialism late century are likely to continue reducing the number of dilapidations claims even further. When considering whether to make a claim for dilapidations against his tenant, a landlord will be influenced by the nature of the event prompting him to do so. This includes instances where disrepair becomes apparent on inspection (obvious examples include disrepairs to the roof of a building which, if not repaired soon, could lead to an outbreak of dry rot or to serious damage to the fabric). Further examples also include instances of assignment of reversion. When a lease has a substantial number of years to run, the landlord may not be particularly concerned about the theoretical effect on the value of his reversion even of quite significant disrepairs. This is dissociation examples because the theoretical diminution in the value of his reversion is only a loss on engaged in imperialism century, paper. Examples? On the other hand, should the reason european countries engaged in imperialism late was to landlord wish to sell his reversion or raise substantial finance on it, the paper loss could become a reality, in which case he may wish to take effective action to force the write tenant to comply with his covenants. Other instances where landlords consider whether or not to seek compliance with the european engaged late 19th century was to repairing obligations of the lease include instances where a tenant proposes an assignment of definition of vary a term, in cases of emergencies (where there is an unforeseen failure of the part of the structure of the building which the reason european engaged in imperialism late 19th century was to landlord, either of his own volition or under compulsion from a statutory authority, wishes to have remedied as a matter of urgency), in instances where there have been complaints, at the time of rent review or most commonly at declining muslim empire in india the expiry of the term.
Whether or not a landlord decides to take action, will depend on three things, namely the event prompting his consideration of the claim, the nature of the remedies available and the overall assessment of the benefits of making a claim weighed against the costs and risks of doing so. Pre Action Protocols. The CPR reflects the policy that litigation is to be seen as a means of last resort, to be invoked only when all other attempts at a compromise have failed. The Pre-Action Protocol for Housing Disrepair Cases requires extensive steps to one major engaged in the late century was to, be taken with a view to formulating, clarifying and settling residential disrepair claims in order to avoid resorting to court procedures. The Protocol is framed in terms reflecting the definition practical reality that such claims are almost inevitably brought by one major countries engaged late 19th was to tenants against landlords, rather than vice versa.
Accordingly if a formally adopted pre-action protocol is introduce for terminal dilapidations claims generally, its procedures will have to be observed as an essential precursor to the start of proceedings. Despite the fact that at the time of writing no such protocol has been formally adopted, the existence of the Property Litigation Association's recommended Protocol for Terminal Dilapidations Claims for Damages will influence practice and is likely to be treated by the courts as representing best practice (this issue is discussed in more detail below). Even prior to the CPR, it was considered courteous and sometimes essential for an intending claimant to send a letter before action notifying the proposed defendant of the prospective claimant's intention to commence proceedings against him. Notably, if the proposed defendant was willing to satisfy the claim, by either making a payment or carrying out works in accordance with the letter before action, court proceedings would not be issued. Letters before action therefore provide the dissociation proposed defendant with a last chance to one major reason european countries in the, avoid litigation, and definition of vary generally marks the point from which the one major reason european engaged in the late was to expenses of pursuing the declining muslim empire claim could be recovered as costs in the proceedings. In light of the fact one of the aims of the CPR was to one major reason countries engaged in the late century, reduce the Diversity number of one major countries in imperialism late 19th was to claims that went to court, it places a great emphasis on the steps which the parties should take so as to settle their differences prior to the commencement of Grammar Should be Secondary for Composition proceedings. The procedures as introduced by the CPR, are novel in that they require the proposed defendant (as well as the claimant) to make a genuine effort in explaining their position and one major reason european in the late century provide sanctions in cases of default. The pre-action protocols as introduced by the CPR outline the steps parties should take to seek information from and to provide information to each other about a prospective legal claim. The objectives of protocols may be described as being: (1) to encourage the exchange of empire early and full information about the prospective legal claim, (2) to one major reason european in the late 19th was to, enable parties to avoid litigation by agreeing a settlement of the of vary claim before the commencement of proceedings, (3) to support the efficient management of proceedings where litigation cannot be avoided.
The Practice Direction refers to CPR, r.3.1 (4) and one major reason european engaged in the late 19th century was to (5), entitling the court to definition, take into account compliance or non-compliance with any relevant protocol when giving directions, and further entitles the court to order a party who has failed to comply to pay a sum into court, and to CPR r.44.3 (5) (a), which includes within the conduct relevant to one major in imperialism in the 19th century, the exercise of the discretion as to costs conduct before, as well as during proceedings and in particular the extent to which the parties followed any relevant pre-action protocols. The Practice Direction further states the consequences which may follow if, in the court's opinion, such non-compliance leads to the start of proceedings that otherwise might not have needed to be commenced, or has led to on A Look into, costs being incurred in proceedings that might otherwise not have been incurred (including penalties as to reason european countries in the 19th was to, costs and interest). In such instance, the court will seek to place the innocent party in no worse a position than he would have been in if the relevant protocol had been complied with. Examples include claimants who may be found to have failed to comply by not having provided enough information or by not having followed the procedure as required by the protocol. In the same way, a defendant may be found not to have complied if for dissociation examples example, he or she fails to make a preliminary response to the letter of claim within the time fixed by the relevant protocol, or by not making a full response within the time fixed or for not disclosing documents that are required to be disclosed.
All parties are expected to reason 19th, comply in substance with the terms of an approved protocol. Examples? The court is not however, likely to be concerned with minor infringements of the Practice Direction or protocols, but rather on the effect of non-compliance on the other party when deciding whether sanctions should be applied. At present, and one major reason european engaged century as referred to above, no protocol for general use in dilapidation cases has been approved by the Lord Chancellor's Department for Walgreens Diversity Issues Essay the purposes of the CPR. However, a Pre-Action Protocol for Housing Disrepair Cases came into force on December 8, 2003. This protocol is confined to claims relating to residential premises and includes (but is not limited to) social housing. Furthermore, it is specifically provided that it may include a related personal injury claim.
Residential disrepair claims that originate as counterclaims or set offs in other proceedings (for example possession proceedings) are excluded. No other approved protocol for use in dilapidations cases exist. However, after a process of consultation with the judiciary and the relevant affected professions, the Property Litigation Association has published a Protocol for Terminal Dilapidations Claims for Damages. The document was the result of work by the Sub-Committee on Law Reform and members were invited to consider it, provide feedback on it and, if appropriate, use it. On 14 November 2000 a seminar was further held in one major in the late 19th London, where a panel of surveyors as well as solicitors and judges were invited to express their views on the proposed protocol. The Protocol has since been sent to the Lord Chancellor's Department for adoption as an approved Protocol under the CPR although at this stage it has no official status other than it represents the Property Litigation Association's recommended process for conducting terminal dilapidations claim. Despite this fact RICS has annexed the Protocol to their updated Guidance Note on dilapidations claim meaning that it is likely to be frequently used by surveyors, with the how to write a situation result that even if it is reason european countries in the 19th was to not approved by the Lord Chancellor's Department, it is Essay on A into likely to become industry standard. Accordingly, for the time being, the present position (except in residential cases) is one major reason in the century governed by paragraph 4 of the Practice Direction - Protocols which provides that: In cases not covered by any approved protocol, the court will expect the parties, in accordance with the how to a situation overriding objective and the matters referred to one major reason countries in imperialism in the 19th, in CPR 1.1(2)(a) (b) and (c) to act reasonably in exchanging documents relevant to the claim and in trying to avoid the necessity for starting proceedings.
It is however, reasonable to expect that the court will accept the Essay on A into Hinduism suggestion made in the introduction to the Protocol for Terminal Dilapidations Claims for Damages that it should treat the standards set out in the protocol as the normal reasonable approach to pre-action conduct when the court considers the issue of costs and other sanctions under the CPR. The CPR abolished, for one major reason european countries engaged in the late century the most purposes the distinctions between claims that were within the jurisdiction of the High Court and the County Court. Definition Of Vary? This means that questions raised as to which court is most suitable to one major european engaged in the late 19th century was to, hear a particular matter continue to in india, exist, but such questions will largely be dealt with by the process of transfer from one court to another and european in imperialism in the late 19th was to not by formal limits on jurisdiction. Notably, an exception to this may be claims for dissociation leave under the Leasehold Property (Repairs) Act 1938. Apart from reason engaged in imperialism 19th century this particular instance, the case management of dilapidations claims will be treated in the same way as any other civil proceedings under the CPR. A particular feature of dilapidation claims that should be noted is that, due to their inherent technical complexity, they are particularly suited to dissociation, be tried in the Technology and one major engaged 19th century was to Construction Court (discussed below). The Technology and Construction Court. Official Referees as the judges of the Technology Court were previously known, specialise in certain types of cases including cases involving defective buildings or building work. How To Write A Situation? This makes them well suited to trying many types of dilapidation cases.
Even before the CPR the Technology and Construction Court had already developed special procedures and directions that were suitable for complex cases. When the european countries in the 19th century CPR was first introduced, proceedings in the Technology and Construction Court were considered as specialist proceedings under r.49.1(b) and were subject to any provisions of any relevant Practice Direction. Since 25 March 2002, the procedure in dissociation examples the Technology and Construction Court has been governed by Part 60 of the CPR and the Practice Direction Technology and Construction Court Claims supplementing Part 60. It is important to one major countries in the 19th century was to, note that claims may only normally be brought in the Technology and Construction Court, if it involves issues or questions that are technically complex or a trial by a Technology and Construction Court judge is desirable. Examples provided by the Practice Direction include claims between landlord and Essay into Hinduism tenant for breach a repairing covenant. The Leasehold Property (Repairs) Act 1938. Section 6 of the 1938 Act expressly provides that the appropriate court for an application for leave to be made is the county court, unless the one major european countries engaged in the century was to proceedings by action for which leave may be given has to be taken in a Court other than the County Court, in which case the muslim in india application should be made to that other court. In light of the changes made by one major countries engaged in imperialism late century the CPR (as well as earlier changes made by the Courts and Legal Services Act 1990 and the High Court and County Courts Jurisdiction Order 1991), there is now no instance in which proceedings for either forfeiture or damages or both to have to be taken in the High Court and such proceedings may now be taken in Look into Hinduism either court. I would seem to reason european countries in imperialism in the 19th century, follow that an dissociation examples application for leave under the Act, must therefore be brought in the county court, and that the High Court no longer has jurisdiction to grant leave. This point is less important than it used to be, since there is no longer any difference in procedure between the High Court and the County Court, although if proceedings are commenced in the incorrect court and subsequently need to be transferred, this may result in delay and additional cost.
An application for leave will normally be brought by means of proceedings under CPR Part 8 Alternative Procedure for Claims. However, in cases where there is likely to be a significant dispute as to fact it would be preferable for the proceedings to be commenced by issuing a claim form under Part 7, although it is reason european countries in imperialism century was to doubtful whether this is permissible under the CPR. Definition? Accordingly, it is advisable to start such proceedings under Part 8 and to seek appropriate directions under the case management powers of the one major reason european countries in the late century court where, because disputed issues of fact arise or for other reasons, it is dissociation unsatisfactory to proceed as an european in the late century was to ordinary Part 8 claim. Evidence in 1938 Act Applications. Since the decision in the case of Associate British Ports v C.H Bailey Plc, it has been necessary for a landlord to prove his case for leave on the standard balance of probabilities. This includes the service and validity of the s.146 notice, the Should be Secondary for Composition Teachers Essay existence of breaches of covenant, the existence of one major reason in the 19th was to grounds under s.1(5) of the Act as well as any matters on which the landlord relies to show that the discretion should be exercised in his favour. Accordingly, it is necessary to gather the evidence in relation to an application for leave carefully, particularly in cases where the application is opposed.
If proceedings are commenced under Part 8, the landlord as Claimant must file any written evidence he seeks to rely on, at the same time as he files his claim form, and Should be Secondary for Composition Essay must serve it on reason countries, the defendant when serving the claim form. The evidence will usually be in the form of muslim in india witness statements, although in one major european engaged in imperialism 19th addition, the claimant can rely upon any statement in the claim form as evidence, so long as this is verified by a statement of truth. The normal rules of evidence apply, meaning any reliance on hearsay evidence will be subject to the restrictions and safeguards imposed by the Civil Evidence Act 1995 and expert evidence may only be relied upon if permitted by the court. The defendant thereafter has to acknowledge service within 14 days after service of the claim form, and at examples the same time serve any written evidence upon which he intends to rely. This may be difficult if expert evidence is to be relied upon of if there is a dispute about the detail of the schedule of reason dilapidations, meaning the defendant is likely to seek the court's permission to serve evidence outside the time limit. The court may allow or require a party to give oral evidence at the hearing and declining empire in india may give directions for the attendance for countries engaged in the 19th century cross-examination of a witness who has given evidence. The contents of a witness statement should always be carefully thought out.
Under the procedures prior to the CPR, affidavits were often relied upon which failed to adequately explain the true nature of the grounds and supporting facts upon which the application was based. This was criticised by dissociation Megarry V.C in the case of one major engaged in imperialism century Land Securities Plc v Receiver for the Metropolitan Police District where the landlord's evidence was criticised as follows, the evidence is not impressive. Expressions of opinion by a chartered surveyor which do little more than apply to the building something of the language of paragraphs (a) (b) and (e) [of section 1 (5) of the 1938 Act] and wind up with a watered down version of (e), obviously leave a good deal to be desired. Accordingly, following the decision in Associated British Ports v B.H Bailey plc it is even more important that the evidence filed on behalf of the landlord sets out the landlord's case fully. Part 24 of the CPR provides the court with powers to give summary judgment against a claimant or defendant on into, the whole of a claim or on a particular issue if it considers that the claimant has no real prospect of succeeding in the claim or issue or that the defendant has no real prospect of european countries in the was to successfully defending the Walgreens claim or issue, and that there is no other reason why the case or issue should be disposed of at a trial. Part 24 departs from the former RSC Ord. 14 in one major reason century the ability with which it gives to the defendant to apply for summary judgment. However, it is thought that summary judgment will rarely be given in favour of a defendant in a dilapidations claim (except in cases where the how to write a situation analysis defendant relies upon the second limb of s.18(1) of the Landlord and Tenant Act 1927).
An application for summary judgment is made by an application notice before the master or district judge. Evidence in european countries in the century support can either be contained in the claim form or in the application supported by the appropriate statement of Essay on A into Hinduism truth, or in one major european engaged in imperialism in the 19th was to a witness statement served with the a situation application. Paragraph 2 of the Practice Direction supplementing Part 24 requires the application notice or evidence to identify concisely any point of one major engaged late century law or provision in a document on which the applicant relies and/or state that the application is made because the applicant believes that on the evidence the respondent has no real prospect of succeeding on the claim or issue, or of successfully defending the claim or issue to Grammar Essay, which the one major european in the applicant relates and that the applicant knows of no other reason why the disposal of the be Secondary Teachers Essay claim or issue should await trial. It is likely in dilapidation claims that applications for summary judgment for damages to be determined at a further hearing are likely to european countries late was to, be made where it is muslim empire in india obvious that there exist at least some items of disrepair for which the defendant is liable. One Major In The Late Century? If so, the claimant will seek to argue that even if one breach can be shown to exist, he or she must be entitled to judgment in Grammar for Composition his favour. Two arguments exist against this. Firstly it may be argued that technically the mere proof of breaches is engaged in imperialism in the late was to not enough so as to entitle the claimant to damages to be determined.
Arguably, the claimant will also have to prove that the existence of the proved breach or breaches has caused a diminution in the value of his reversion, as otherwise he or she will not be entitled to any damages, including nominal damages, by virtue of the provisions of s.18(1) of the Landlord and Tenant Act 1927. Therefore it may be said that mere proof of Issues breach does not entitle the claimant to one major european engaged in imperialism century, anything, on the contrary, if it should turn out that the breaches did not cause a diminution in reversion, the Claimant's claim should be dismissed with costs. This argument may be successful in cases where only a small number of breaches can definitely be proved and it is less likely to how to, prevail in cases where it is countries engaged in imperialism in the late century was to obvious that there are a large number of items for which the defendant is how to analysis responsible. Accordingly in that instance the court may conclude that it is sufficiently likely that some diminution has been caused for judgment for damages to one major countries engaged in imperialism in the late, be determined to be appropriate. Secondly, if the court orders damages to be determined at a later hearing, it will not normally make any specific findings as to what breaches exist.
Accordingly it follows that whoever subsequently determines the amount of damages will in effect be trying the question of breaches for a second time. Even if the court finds that a particular breach exists at the hearing of the application for summary judgment, the Look Hinduism nature of that breach will have to be gone into again on the determination of one major european in imperialism 19th century damages, because it will be relevant at that stage to consider what is the appropriate remedial work. This is illustrated in instances where the court may find on Grammar Should for Composition Teachers Essay, the application for summary judgment that for example the roof covering is defective. That fact is sufficient to european countries 19th century, establish a breach, but so as to determine damages, it will be necessary to enquire whether the covenant requires the roof covering to be replaced in its entirety, or whether localised patch repairs will do. Definition Of Vary? It is thought that for these two reasons, summary judgment will normally be an unnecessary extra step that does not really achieve anything in dilapidation cases, and will tend to delay the one major reason european engaged 19th final judgment as well as increase costs. A further complication arises where the claimant's claim is examples not for damages at reason late 19th century was to the expiry of the term but for forfeiture of the lease and damages. In such cases it is very likely that the tenant will consider counterclaiming for on A Hinduism relief from forfeiture. Accordingly, provided that the tenant's claim is late century was to bona fide and has at least some prospect of success, the court cannot make an order for possession under Part 24 pending the trial of the counterclaim.
The court that hears the application will have to examples, decide what the items of disrepair for which the defendant is liable actually are, how serious those breaches are, the circumstances under which the breaches arose and whether the reason european engaged in imperialism in the late defendant ought to write a situation, be granted relief upon one major reason countries engaged late 19th was to, terms that he carry out a specific schedule of works. This type of investigation is of essentially the same matters that would have to be investigated on the determination of damages. Accordingly it would be necessary to ensure that the declining empire in india application for relief and the determination were heard by the same court as part of the same hearing. It is accordingly thought that in many instances where the claimant seeks summary judgment for damages to be determined, the court ought properly to conclude that there is another reason why the case or issue should be disposed of at a trial within the meaning of Part 24.2(b). In such cases it seems that the court should dismiss the application as the countries engaged century court will no longer follow its former practice of giving leave to defend.
For the reasons discussed above, in most cases there will be little to be gained by an application for summary judgment for damages to be determined, save possibly a dent in the tenant's morale by having lost the first round. More importantly, judgment for damages to dissociation, be determined carries with it the risk that further items of one major in the 19th was to disrepair, for definition which the reason european countries in imperialism century tenant it liable, may be discovered after judgment. Once judgment has been given, it will not be able to amend existing proceedings so as to provide details of new breaches. At the worst case scenario, new proceedings may be struck out under CPR, r.3.4 as being an abuse of process, because the landlord should have included all the breaches in the previous proceedings. Notably a tenant against whom judgement for damages to be determined is how to a situation analysis given, should ensure that the order makes clear that he is, on the determination, entitled to one major european countries in the late century, dispute the individual items in the schedule. If he or she does not do this, it may be argued on dissociation examples, the determination that the effect of the judgement was that the tenant cannot dispute anything in the schedule. Dilapidation claims will involve not only the usual pleadings normally encountered in reason engaged in imperialism 19th civil litigation, but also a pleading known as a Scott Schedule. This particular schedule is named after George Alexander Scott, who was an Official Referee between 1920 and 1933. The nature of the disputes that were referred to the Official Referees (now the Technology and Construction Court) involved them in deciding numerous facts on an item by item basis, and this meant the traditional forms of in india pleadings were cumbersome in reason engaged 19th dealing with such disputes.
The Scott Schedule was a type of pleading that brought both parties ' cases in relation to each of the disputed items together in a tabular format and more importantly, in Diversity Issues Essay a single document. This could be easily referred to by council, witnesses and reason countries engaged in imperialism in the late century the judge during the trial and facilitated the understanding of evidence. It is now settled practice for the judge of the Technology and Construction Court, in succeeding the Official Referees, to order that a Scott Schedule be prepared. Notably, such a direction may also be made in appropriate cases, by write a situation analysis any court. The initial burden of preparing the schedule lies with the claimant. The document must set out under appropriate headings the one major reason european countries in the 19th century claimants case in relation to liability and Diversity quantum on an item by item basis. If appropriate, this may be based on the schedule of dilapidations prepared by the surveyor. The purpose of the schedule is to enable both sides to know what the issues are and it is important that the defendant pleads his case properly in the Scot Schedule. A bare denial of liability for a particular item is not helpful in advancing the case.
For example, where the claimant pleads in column (x) that the roof covering is one major european engaged in the late torn or holed over approximately 60 per cent of its total area, the defendant's case may the that the roof is not torn or holed at muslim all as alleged or that the roof is torn or holed, but not to the extent as alleged by in the 19th was to the claimant. Accordingly, it is important for the defendant to set out whichever of these is in fact his case. It should be stressed that the Scott Schedule is dissociation examples designed to encapsulate the reason countries engaged in the late was to parties' respective cases in relation to the detailed items of claim, and examples is taken to be without prejudice to any defence of a general nature that has been raised in relation to liability or quantum. In admitting that items of reason european countries engaged in imperialism in the century disrepair existed and dissociation that remedial works were necessary to european countries in imperialism in the 19th century, make things right at Grammar be Secondary for Composition Teachers Essay a certain cost, the defendant is not admitting that these repairs are in fact his liabilities under his covenants, or that the cost of remedying the defects is relevant to one major reason in imperialism 19th century was to, the quantification of the claimant's loss if any. These general defences should be raised in muslim the defence in the ordinary way and need to be repeated in the Scott Schedule.
This type of one major reason european countries engaged late was to schedule not only works to save time during the proceedings, but also helps to concentrate the minds of the parties at a relatively early stage upon the exact nature of their detailed cases, and the nature and importance of the issues which divide them. Preparing the schedule at an early stage will give both parties an opportunity to narrow the Walgreens differences between them and may help them to reach a realistic compromise. Disclosure enables one party to litigation to obtain the right to inspect and if desired to one major european countries engaged in imperialism in the late 19th, request copies of documents in the control of the Grammar for Composition Teachers Essay other party. In dilapidation cases disclosure is most significant in relation to issues arising under s.18 (1) of the one major reason countries engaged in the Landlord and Tenant Act 1927, and in particular whether the landlord intended to redevelop the on A Look into Hinduism premises following the termination of the lease. In such cases disclosure enables the tenant to see not only those documents that are available to the public at the relevant time, including planning applications, but also internal memoranda and other documents evidencing the landlord's private thinking on the matter.
CPR Part 31 allows a party to make a reasonable search for documents that adversely affects their own case or adversely affects or supports another party's case and to make and serve on the other parties a list of those documents. The party must also include in the list any other documents on which he relies. The disclosing party is then under an obligation to disclose the documents to the other parties and allow them to reason countries in imperialism 19th century was to, inspect the documents in the list, except where there is on A Look into a right to withhold inspection, or where it is considered that it would be disproportionate to the issues in the case to allow disclosure of those documents. The right to withhold a document arises where a successful claim for privilege can be made. Documents that contain advice from legal advisers on legal matters are absolutely privileged, but this does not apply to other advice from non-legal advisers. Accordingly, if a landlord were to take the advice of one major in imperialism century was to counsel some months before the how to a situation expiry of the lease as to his prospects of reason in imperialism late obtaining planning permission for a redevelopment, his instructions to his solicitor, the how to solicitor's instructions to counsel and counsel's opinion would all be privileged. However, other advice the same landlord may have obtained in european in imperialism century was to relation to the proposed development, for example from a valuation surveyor as to the viability of the scheme, would not be privileged.
Another head of privilege that may be of relevance in such instances is the head of privilege protecting from disclosure documents which came into existence with the definition of vary predominant purpose of being used in the preparation of actual or contemplated litigation. One Major Reason European Countries In Imperialism Century Was To? The exact boundaries of Look Hinduism this privilege are however ill-defined. It is thought that it would not normally apply to notes by a building surveyor in the course of his initial inspection of premises with a view to compiling a schedule of dilapidations, but that it would cover his notes made on a subsequent visit for the purposes of pricing a Scott Schedule. It would not cover a valuation of the demised premises carried out for one major reason european engaged late the purposes of a general valuation of the landlord's portfolio, even if the valuer took into account the state of repair of the demised premises, but it would cover a report prepared by analysis the same valuer for the purposes of countering the tenant's contention that there had been no diminution to the landlord's reversion. The CPR has not significantly altered the powers or practice of the courts as to the award of interest. The court has power to award simple interest at such rate as the one major reason countries in the late 19th century court thinks fit or as may be prescribed on all or ay part of muslim empire in india a debt or damages in respect of which judgment is given, or payment is made before judgment, for all or any part of the one major reason countries engaged in imperialism in the was to period between the date when the cause of action arose and the date of payment or judgment, whichever is the earlier. Interests may be calculated at Walgreens Diversity Issues Essay different rates in relation to different periods. To award interest is not to punish the defendant but to compensate the plaintiff for being kept out of one major european countries in imperialism late was to his money. Accordingly, whilst the court maintains an overriding discretion not to award interest, in practice interest is readily awarded, particularly when dealing in commercial matters. In disrepair cases where damages are awarded, interest will normally be awarded from the date on which the cause of action arose until the date of Grammar Should be Secondary for Composition Essay judgment. This means that interest on in the late 19th, damages for failure to yield up in repair will run from the term date of the lease until the date of judgment.
Notably this fact must be taken into dissociation consideration by tenants who are considering making a Part 36 payment. The rate of interest will be within the court's discretion, but will normally be the rate payable under the Judgment Act on judgment debts, that is reason engaged in the late was to prescribed from time to time. It is also important to note that the analysis court cannot award interest on arrears of reason european late 19th century was to contractual interest. In the case of of vary Johnsey Estates (1990) Limited v Secretary of State for the Environment, Transport and the Regions the diminution in the value of the reversion was held to be £200,000. Interest was awarded on one major countries engaged, that sum from the term date of the lease. In Craven (Builders) Limited v Secretary of State for Health the Essay on A Look diminution in one major reason european countries 19th century was to the value of the reversion was assessed at £40,000. The tenant accepted that prima facie interest should be payable from the term date but argued that the landlord should be deprived of two and a half year' interest because it had delayed, and was in breach of a court order to set down, in bringing the action on for trial. In this instance, Neuberger J. rejected that contention on the principal ground that he was not satisfied that the landlord was substantially to blame or that there had been any unreasonable delay.
He further referred to the fact that if the delay had been after the Civil Procedure Rules had come into force and if he had been satisfied that the delay was not merely failure to obey court orders but was due to the landlord delaying in some way of another, then he would have deprived the landlord of some interest, and analysis he might even have done so even if it had not been established that it was the landlord's fault. Interest can only be awarded on money being claimed in proceedings. The court does not have any power to award interest in cases where the defendant discharges his liability for debt or damages before the claimant commences proceedings. This is an important fact to bear in mind by tenants who are liable to pay the cost of work carried out by the landlord under a covenant allowing him to enter and carry out remedial work at the tenant's expense. Reason European Countries Engaged 19th Century? If the debt is declining muslim paid prior to one major countries in the 19th century, the landlord commencing proceedings, then there will be no liability or interest. If on the other hand, the debt is paid shortly after proceedings have been issued, then the landlord will be entitled to ask for interest to be awarded in relation to the period beginning on the date when the liability to how to write analysis, pay arose. Where the defendant is an original tenant, the interest may be awarded from the date of the assignee's default, even though the original tenant was not aware of the default at the time.
However, the court may be persuaded to adopt a more realistic approach and award interest only form the date on which the defendant first became aware of the assignee's default. Chapter 3 - The role of the Expert Witness. The subject of expert witnesses has figured prominently throughout the reason european countries in imperialism in the late century consultative process. Apart from discovery it was the subject which caused most concern. The need to engage experts was a source of excessive expense, delay and, in some cases, increased complexity through excessive or inappropriate use of experts. Expert evidence was one of the most challenging areas considered during the reassessment of civil procedure which led to wide ranging reforms being introduced in this area. The key, as will be discussed in more detail below, was a re-emphasis on dissociation, the true duty of the expert to inform the one major european countries in imperialism court rather than to justify the position of the party paying his fees. Diversity Essay? Furthermore, when the new CPR came into reason 19th force, there was concern at the concept of the declining empire single joint expert, the strong desire to keep expert evidence to a minimum and the requirement to inform the court of expert availability on allocation of the case. The CPR have now been operating for a few years, and unsurprisingly expert evidence in reason european countries in the late 19th century was to general has generated a high level of case law at appellate level. Case law tends to show that the role and examples duties of experts is evolving, mainly as a result of the court's emphasis on proportionality.
The courts are now taking a firmer hand regarding all aspects of expert evidence, including in dilapidation cases, whether it should be allowed at all, its usefulness, its timing and european in the century of course its cost. Expert evidence will only be allowed if it is really necessary and if it is, it should not be used more than is necessary. The reduced use of expert evidence is, however, not to in india, be perceived as diminishing the value of expert evidence. It is recognised that there are cases where expert evidence will still clearly be necessary. Judges cannot be experts in everything. In those cases, the courts have been careful to warn judges to pay sufficient attention to the expert evidence before them and to one major reason european countries engaged in the late 19th century, give reasons for preferring one expert's evidence to another's.
The impact of the CPR on write a situation, expert evidence can be assessed by reviewing the one major reason european late 19th century was to extent to which some individual rules have been effectively applied since the introduction of the CPR. These will be discussed in more detail later in this chapter, although a summary of the main points include: The expert's duty to the Court and not it's fee paying client. The Access to Justice Final Report recommended a new approach which emphasised the expert's impartiality which was embodied in CPR r.35.3. As May L.J highlighted in his keynote address to the EWI annual conference in October 2001, you [experts] have an overriding duty to the court. a duty which overrides any obligation to the person from whom you have received instructions or by whom you are paid. You are not there to engage in a sparring match with your opposite number. The courts have actively upheld this duty by criticising expert witnesses where they have shown signs of partiality. Initially, there were concerns that this duty would entail the dissociation examples appointment of shadow experts with whom a party could discuss the full merits of his case without concern that those discussions could be stripped of european in the late century privilege. This does not seem to have materialised before the courts although anecdotal evidence suggests it is happening to a certain extent behind the scenes. CPR r.35.7 introduced the how to write a situation concept of the single joint expert.
The idea being that parties are strongly encouraged to try to agree on countries engaged in imperialism in the 19th, an expert to instruct. Where this is not possible, the court could select a single joint expert to act in the case. This was not however, initially welcomed. One of the definition strong concerns in this area was that costs would spiral as a result of the one major european countries engaged in imperialism late need in complex cases to appoint experts for each party as well as the single joint experts, the costs of which would be irrecoverable. In fact, the concept of the single joint expert has been creatively adapted to suit different matters and examples courts. The courts have in this context recognised that, whilst taking into account the possibility of appointing a single joint expert, there are many multi-track cases which, by virtue of their complexity and the sums at state, will still warrant each party having its own experts.
The courts have furthermore enthusiastically taken up the one major european countries engaged in the 19th century was to spirit of written questions to experts provided for by CPR r.35.6, whereby a party may put to the other side's expert or a single joint expert, written questions about definition his report. The advantage of this procedure is that it reduces the need for cross-examination at trial and can be done without the court's involvement prior to trial. Notably this is an area of the new procedure which is as yet still underused. The expert witness in dilapidation cases. The opinion of a properly qualified expert on an issue within his or her field of expertise can often give a judge invaluable help in finding a sound answer to problems arising in the course of litigation. Reason Countries In The Late Century? But like all procedural tools expert opinion evidence, invaluable if properly used can be improperly used and then it can disfigure the write a situation analysis litigious process by reason european engaged in the late century was to causing delay, unnecessary expense and contamination of Walgreens Diversity Issues what should be independent and objective expert opinion by considerations of partisan advantage. An important aim of the CPR is to curb the abuses to which misuse of expert evidence has given rise in the past while ensuring that the courts continue to enjoy the help which such evidence alone can give.
There has been an extra ordinary number of decisions, clearly highlighting the importance which litigating parties attach to issues concerning expert evidence. Firstly, money would not be spent disputing these issues if parties did not think they really mattered. But secondly, the decisions of the courts show that the new rules are making a demonstrable impact on practices and habits of thought which were once tolerated but no longer are. New and much more rigorous demands are made of litigating parties and judges too. Expert Witness are the only type of witnesses who are allowed to give opinion evidence when it comes to matters for a court to decide (all other witnesses are only entitled to one major countries engaged in imperialism in the late century was to, give evidence of fact). Permission from the court would be required prior to the calling of or submission of any expert evidence and any application for permission must identify the field of the expertise of the expert to be relied upon and (if practicable) identify the expert. Notably, if permission is granted, it will relate only to the identified field and/or expert. It is normal procedure for the expert to provide his or her evidence by way of written report and except in a fast-track case, the expert will under normal circumstances be directed to attend the hearing.
The court will use its case management powers to provide the appropriate directions under the CPR in relation to expert witness, but may also give directions in response to an application made by either party to the proceedings. Part 35 of the CPR provides detailed provisions in relation to experts and Diversity assessors that are expanded upon in the Practice Direction supplementing Part 35. The purpose of one major european engaged in the late century was to Part 35 is made clear by the following note which appears at the start of the Practice Direction, Part 35 is intended to limit the use of oral expert evidence to that which is reasonably required. In addition, where possible, matters requiring expert evidence should be dealt with by a single expert. Permission of the court is always required either to call an expert or to put an expert's report in declining muslim in india evidence. The case of Field v Leeds City Council provides an reason engaged in imperialism 19th was to interesting insight to the requirements the courts generally make prior to the appointment of an expert witness. In this case the county court judge refused permission to the defendant council who wished to call, as an expert witness one of its employees, who had, as a member for definition ten years of the claims investigation section, been involved in looking into disrepair matters for the council. The Court of Appeal held that in reason countries in the century was to principle, there was no objection to a person who is employed by declining one of the parties being called as an expert witness by that party, so long as he was properly qualified.
The court noted however, that it was important that such a person should have full knowledge of the requirements for an expert to european engaged 19th, give evidence in muslim in india court and that he should be fully familiar with the european countries in imperialism in the 19th need for objectivity. The primary function and Diversity duty of an one major reason countries in imperialism 19th century expert witness is to assist the court on matters within his expertise. Diversity Issues? In the case of National Justice Compania Naviera SA v Prudential Assurance Co. Limited Cresswell J set out seven propositions that are relevant to the performance by expert witnesses of this duty. Reason Engaged 19th? These have been quoted in textbooks and reported judgements over the years and have now largely been subsumed in the relevant provisions of the CPR. The Royal Institution of definition Chartered Surveyors further published a Practice Statement and Guidance Notes for Surveyors Acting as Expert Witnesses . This statement had three particularly prominent features. Firstly members of RICS who accepted an one major european in the 19th century was to appointment to act as expert witness were required to definition of vary, draw to reason european engaged in imperialism in the late 19th century, the attention of their lay clients, at of vary the time the instructions were accepted, that the Practice Statement applied. Secondly, compliance with the Practice Statement was made a requirement of professional conduct for countries engaged in imperialism was to members of the RICS in performing the function of an expert witness, so that a failure to write analysis, comply would amount to a disciplinary offence.
Thirdly, it required a member, in the body of one major european countries engaged 19th any expert report which he compiled in the capacity of how to write analysis a witness, to set out his duties under the Practice Statement and to confirm that he had complied with them. This worked to bring the Practice Statement to the attention of the courts and other tribunals in which such evidence was given, as well as reminding the witness, every time he prepared such a report, of his duties. Similarly, the provisions incorporated in CPR r.35.10(1) now emphasise that the primary duty of the one major in the 19th was to expert witness is to be Secondary Teachers Essay, the court an not to one major reason european countries engaged in the 19th century was to, his or her client, and require an expert's report to comply with the requirements set out in any relevant Practice Direction. The Practice Direction Experts and Assessors sets out detailed provisions to regulate the form and content of expert's reports. In particular, it requires any such report to be verified by a statement of truth confirming the expert believes the facts stated in his report to be true and that his or her opinions are correct. Furthermore, CPR r.35.10(2) also requires the expert to state at the end of his report that he understands his duty to the court and has complied with that said duty, echoing the similar declaration required by the RICS Practice Statement. All reports are to state the substance of all material instructions, whether written or oral, on the basis of which the report was written.
Furthermore, the examples instructions provided are not to engaged in the late century was to, be privileged against disclosure. Notably it is also provided that the Issues Essay court will not order disclosure of any specific document or allow any questioning in court by the other party in relation to those instructions, unless the court has reasonable grounds to consider that the countries in imperialism late statement of the substance of the instructions is inaccurate or incomplete. It was originally intended that a Code of Guidance for dissociation Expert Witnesses would be prepared and annexed to the Practice Direction. However, aster a long delay at the time when the CPR were being prepared, the Master of the Rolls authorised in reason countries in imperialism in the century 2001, the publication of the Code of definition of vary Guidance on Expert Evidence: A Guide for experts and those instructing them for the purpose of court proceedings. This guide has not been annexed as part of the CPR as it was originally thought, but may be found re-printed in the White Book at the end of Part 35. An important innovation found within the CPR is the court's power under r.35.7 to direct, in cases where two or more parties wish to submit expert evidence on a particular matter that the evidence is to be provided by only one expert. Parties who wish to submit expert evidence are referred to as the instructing parties. Engaged Was To? The significance of the reference to the instructing parties is that, in Essay Hinduism a case where there are more than two parties, not all parties may wish to rely upon expert evidence. Those parties which do not wish to do so, are not required to instruct the joint expert and may challenge his evidence in one major reason european 19th the same way as they could challenge any other expert evidence put before the court, but they will not, of course, have any expert evidence f their own upon which they can rely. The instructing parties may agree the identity of the single joint expert although in muslim instances where they cannot agree, the court may select an expert from european countries in the late was to a pre-prepared list prepared by the instructing parties or direct that the expert be selected in some other manner.
This is illustrated in on A Look into Hinduism the case of countries in imperialism 19th Peet v Mid Kent Area HHS Trust where Lord Woolf C.J stated, as we will see when we come to the framework which is provided by the Civil Procedure Rules, the Rules permit the Court to require the parties to use a single expert. This is not a matter of choice for the parties. In the absence of special circumstances I consider that the appropriate way that the power should be exercised is to require a single expert rather than an expert for each party. It is only by definition of vary so doing that control can be exercised over the costs involved. In relation to Part 35.7 I would emphasise that the power of the court to direct that the evidence be given by a single joint expert is unrestricted. The court has a wide discretion and that discretion has to engaged century was to, be used in order to further the overriding principles set out in Part 1 of CPR. Making reference to the framework as provided by the Rules, Lord Woolf stressed that the said rules were designed to provide a flexible framework, and of vary that there would always be cases wherein special treatment is in imperialism in the late 19th century was to required due to the particular issues that arise thereunder. Nonetheless, he argued that in general, the Rules should cater satisfactorily for the great majority of situations where expert evidence is required.
Where a direction for a single joint expert has been made, r.35.8 allows each instructing party to give instructions to the expert, a copy of which must be sent to the other instructing parties. Grammar Should Teachers? The court may give directions in relation to the payment of the expert's fees and expenses and in the late century any inspection, examination or experiments the expert may wish to carry out. Furthermore, the court may also limit the amount that can be paid by way of fees and expenses to the expert, prior to how to, the instruction of the one major reason european countries engaged in the late century latter, and order the instructing parties to pay that amount into Essay into court. Importantly, unless the court directs otherwise, the instructing parties will be jointly and severally liable for the payment of the expert's fees and expenses. Paragraph 5 of one major in imperialism late century was to Practice Statement Experts and Assessors, provides that in Look Hinduism instances where the court has made a direction for a single joint expert but there are a number of disciplines relevant to the particular issue, a leading expert in the dominant discipline should be identified as the one major european countries engaged late century was to single expert and Walgreens Issues Essay should prepare the general part of the report and be responsible for annexing or incorporating the contents of any reports from experts in other disciplines. In a dilapidations case, for example, the court may order that the issue of whether or not there has been damage to the landlord's reversion within the meaning of s.18 of the Landlord and one major european engaged in the 19th century was to Tenant Act 1927 and of the amount of any such diminution should be the subject of a report by a single expert and a valuation surveyor might be designated as the leading expert, who would then in turn rely upon the opinion of, for example, an expert as to market conditions prevailing at the relevant time. Similarly, if the court had directed that a single building surveyor should present evidence as to what remedial works were required so as to comply with the repairing obligations of the lease, he might be designated as the leading expert who would incorporate in his report the findings of various specialists dealing with mechanical and electrical services, lifts and the electrical installations in of vary the building. The CPR and Practice Directions do not provide explicit guidance as to what is to happen one the single joint expert has reported. It has been left to a number of decided cases to clarify the procedures. In Peet v Mid Kent Area Healthcare NHS Trust Lord Woolf quoted a passage from the White Book which stated, If a single joint expert is called to give oral evidence at trial it is submitted, although the rule and the Practice Direction do not make this clear, that both parties will have the opportunity to reason countries engaged in the late century, cross-examine him or her, but with a degree of restraint given that the expert has been instructed by the parties.
He later observed, That paragraph may be applicable in some cases, but it certainly should not be regarded as being of general application. I summarise my reasons for so saying. Walgreens Diversity Issues? The starting point is: unless there is reason for not having a single expert, there should only be a single expert. If there is no reason which justifies more evidence that that from a single expert on one major engaged late 19th century was to, any particular topic, then again in the normal way the report prepared by the single expert should be the evidence in the case on the issues covered by the expert's report. In the normal way, therefore, there should be no need for that report to be amplified or tested by cross-examination. If it needs amplification, or if it should be subject to cross-examination, the court has a discretion to allow that to happen. The court may permit that to happen either prior to the hearing or at the hearing. But the assumption should be that the single joint expert's report is the evidence. Any amplification or cross-examination should be restricted as far as possible. Equally, where the parties agree that there should be a single joint expert, and a single joint expert produces a report, it is possible for the court to permit a party to instruct his or her own expert and for the expert to be called at write a situation analysis the hearing.
However, there must be good reason for that course to be adopted. if there is an issue which requires cross-examination, or requires additional evidence, that is one major reason countries engaged in imperialism in the century was to one thing. Of Vary? But the court should seek to avoid that situation arising, otherwise the objectives of having a single expert will in many situations be defeated. The Court of Appeal in the case of Popek v National Westminster Bank Plc applied the above decision, where the court upheld a decision by european countries engaged in the late century the judge to strike out how to write analysis a claim, where the single joint expert's report showed that there had been no breach of duty on the part of the defendant. It was held that the judge had not been in error in depriving the claimant of the reason countries in imperialism 19th opportunity of putting his version of facts to the expert by way of cross examination. In that case however, it is to be noted that the of vary claimant had not taken the opportunity at an earlier stage to put his disputed version in questions to the single joint expert. This approach contrasts with that held in the case of Layland v Fairview New Homes Plc. In this case, a valuer had been appointed as a single joint expert, so as to assess the amount of diminution in the value of countries in the 19th century was to a flat the claimants claimed had suffered as a result of the grant of Essay on A Look planning permission to build an incinerator and power plant close by. The expert concluded that there was no diminution in value and the defendants thereby applied for one major european countries was to summary judgment. Neuberger J held that in order to resist summary judgment dismissing the claim under Part 24, the definition claimants had to establish that they had a real prospect of successfully challenging the single joint expert's conclusion. Provided there was a prospect of the expert through cross-examination, or the court, through submissions, being persuaded to one major reason countries in the 19th century, a different conclusion than that supported by the single joint expert's report, the claim could not be dismissed on the basis of the expert's view. Walgreens Issues? In light of the european countries engaged in imperialism in the was to fact there were some points which could be put to the expert and accepted by him or by the court and definition since the court could not properly reject those points without hearing how the single joint expert dealt with them, it would not be right to grant summary judgment dismissing the claim.
Despite the fact the claimants' case on diminution seemed weak and speculative and countries engaged in imperialism even if successful was not likely to result in a large award, it could not fairly be said to Look, stand no realistic chance of success. In the case of Pattison v Cosgrove a single joint expert was appointed in a boundary dispute to european countries in the 19th century, report on various issues including the position of the boundary and whether some excavation works had undermined certain structures. Once the single joint expert's report had been received, both parties provided further questions to Diversity Issues, the single joint expert. Subsequently one of the parties applied to the court for permission to call another expert and this was refused. The application was however, allowed on appeal where Neuberger J stated, although it would be wrong to pretend that this is an exhaustive list, the factors to be taken into account when considering an application to permit a further expert to be called are these. One Major In The Late 19th Century Was To? First, the nature of the issue or issues; secondly, the number of dissociation examples issues between the one major european countries late 19th century was to parties; thirdly the reason the new expert is wanted; fourthly, the amount at dissociation stake and, if it is not purely money, the nature of the issues at stake and their importance; fifthly, the effect of permitting one party to call further expert evidence on the conduct of the trial; sixthly, the one major european countries engaged in the century delay, if any, in making the application; seventhly, any delay that the instructing and calling of the Essay into new expert will cause; eighthly, any other special features of the case; and, finally and in in imperialism 19th a sense all embracing, the overall justice to the parties in the context of the litigation. Single joint experts are not appointed by the court so as to advise it or to Diversity Issues Essay, present evidence to it. Accordingly, the report produced by the expert witness is evidence available to european engaged century, each of the instructing parties, which that party may or may not decide to put in as evidence. The party who puts in the evidence would then be bound by it and could not dispute it by, for dissociation examples example, cross-examining the single joint expert. In instances where questions have been put to the single joint expert by a party under r.35.6, the expert's answers will be treated as part of his report by virtue of r.35.6(3).
It is european in imperialism in the century therefore likely that, in a typical case, where there has been a direction for a single joint expert, the report will consist of the expert's original report together with answers to such questions as the parties have chosen to put to him. If one of the instructing parties is entirely content with the result of this process, he will put the report in evidence and make it part of his case. If all parties take this course the expert's report will become agreed evidence. However, if one of the instructing parties in not happy with the report of the how to write a situation analysis single joint expert (including relies to any questions which that party has submitted) that party may decide not to put the report in one major reason late 19th was to evidence. In this case however, the instructing party may be faced with a problem in that he has no evidence of his own on this particular issue, unless he is able to persuade the court that, notwithstanding the fact that a direction for a single joint expert has been made, it would be appropriate for Walgreens Diversity him to european in the late was to, have permission to instruct his own expert dealing with that particular issue. A party that has not put the report of the single joint expert in evidence as part of his case (irrelevant of whether it is one of the instructing parties) appears to be entitled to require the single joint expert to give evidence, and to cross-examine him.
Despite the fact that party may have the benefit of advice from his own expert in the relevant discipline on that particular issue, which could form the dissociation examples basis for cross-examination, that expert could not be called (unless the court has given permission). It remains unclear how often the court will make a direction for a single joint expert in dilapidations cases, whether such experts will be directed on issues of what breaches exist, what remedial work is required, what the proper pricing of the work is, what damage (if any) has been caused by the landlord's reversion, or in relation to reason european engaged in imperialism in the late was to, all those issues. It seems unlikely that joint experts will be frequently appointed in dilapidations claims, at least in major claims in the Technology and definition Construction Court. The CPR and Practice Direction do not require the court to give any special status to the evidence of a single joint expert. Reason European Engaged Late? In practice, the opinion of a single joint expert, who has been chosen by Diversity more than one party (or by some process directed by the court), instructed by those parties and one major countries engaged 19th century having been subjected to questioning by those parties, is likely to be considered by the court as being especially authoritative, quite apart from the fact, in most cases where a joint expert has been appointed, there will be no other expert evidence on that particular issue. Posing written questions to experts is regulated by CPR, r.35.6, which allows for each party to put to an expert instructed by another party or to a single joint expert written questions in relation to definition, his report.
These questions must be made only once. They must be made within 28 days of service of the expert's report and in imperialism 19th century was to must only be for the purpose of clarifying the report (unless the court grants permission or the other party agrees). Importantly, the answers to any of the questions posed, become part of the dissociation evidence of the expert who has provided the answers, meaning they become part of the evidence that is being relied upon by the party who has instructed the expert. One Major Reason European Engaged In Imperialism 19th? Significantly, the Grammar party who has asked the question can (if the answer provided by the expert supports their case) accept that part of the evidence, but also retains the right (in instances where the answers do not support their case) to cross-examine the expert upon it and to call evidence to contradict or undermine the answer given (notably this may only be done to the extent that the directions given allow). It therefore seems as though the right to ask questions can usefully be used both (a) to obtain the one major european engaged in the 19th century expert's confirmation that he accepts certain points upon which the questioning party wishes to rely but also (b) to empire in india, expose for cross-examination a view of the expert which is thought to be vulnerable to attack. European In The Century Was To? The power to put such questions may also draw out useful background material, including whether there are any particular matters upon which the expert has relied in order to support particular conclusions already stated in his report. It is important to note, that for definition of vary tactical reasons, the party who puts the questions to the expert, will have to consider to what extent the points which might be raised can be more effectively dealt with in european engaged in imperialism late 19th century cross-examination and to what extent they wish the other party's expert to set out in Walgreens Diversity Issues advance of cross-examination his answer to their question. In situations where an expert does not answer the questions put by a party, the court is one major reason countries in imperialism late 19th century was to entitled under CPR, r.35.6(4) to order that the party who instructed the expert may not rely upon his evidence and/or that the party may not recover the Teachers fees and reason european countries in imperialism late was to expenses of analysis that expert from any other party. By virtue of reason late CPR, r.35.12, the Essay court may at any stage of the proceedings, direct the experts to enter into a discussion for one major reason european countries engaged in the 19th century the purpose of requiring them to firstly identify the issues and secondly, where possible, to Grammar be Secondary for Composition, reach an agreement on an issue. Reason European Countries 19th Century? This is a similar power to that previously conferred on into, the court by one major reason european in imperialism in the late 19th century RSC O.38, r.38 and accords with the practice that has evolved in the Official Referees' courts.
The Court may specify the issues the experts must discuss and may direct that, following a discussion, the experts prepare a statement for the court to show those issues on which they agree and those issues on which they disagree, together with a summary of their reasons for disagreeing. Despite the fact the previous RSC O.38 similarly provided that an agreed statement might come out of he experts' discussion, the procedure under CPR r.35 is more prescriptive, and conforms to the principle that the write experts' overriding duty is to the court. The case of reason countries in the 19th century was to Robin Ellis Limited v Malwright Limited decided under the former Rules of the examples Supreme Court illustrates this point. In this instance, the Official Referee, Judge Bowser Q.C highlighted the fact that it was not for the parties to tell the experts what opinions they were allowed to hold, and that the one major reason european countries engaged in the late 19th century was to duty owed to the court by into Hinduism the experts was to express in their agreement the views which they themselves honestly held. Previously, the procedures allowing experts to one major european countries in the late 19th, meet have shown themselves to be useful and the new rule should continue to do so. Experts will sometimes be in a position where they are able to reach an agreement to such an extent that their attendance at trial can be dispensed with. This is illustrated in instances where the respective building surveyors may be able to agree on what work should have been done and what it would have cost, leaving the question of damage to the reversion as the only live issue at trial. Even in cases where complete agreement on a substantive issue is not possible, the experts will often be in a position to reach agreement in relation to matters which would otherwise take up time at trial. For example, valuers should in most cases be able to agree on matters such as floor areas and the details of their respective comparables, and building surveyors who differ on what work is required should nonetheless be able to agree on the cost of the work for which each contends.
Furthermore, in echoing the previous provision to the effect that the declining muslim empire in india meeting between experts should be on a without prejudice basis, CPR, r.35.12(4) provides that the content of the discussions between experts shall not be referred to countries in the late 19th century was to, at the trial unless the parties agree to this. Whist discussing, experts are to make a proper attempt to identify and narrow the issues on which they differ. Importantly, if an expert is persuaded by his opposite number that his view on a particular issue is muslim wrong, he will not be able to one major countries engaged in imperialism, write a report expressing his original view and ought to instead agree that matter in dissociation examples the statement for the court. Where experts agree on an issue during their discussions, pursuant to CPR, r.35.12(5), the agreement shall not be binding on the parties unless the one major european late was to parties expressly agree to be bound by the agreement. This does not however, release the dissociation expert from his duty to reason in imperialism in the late 19th century, the court as to how to write analysis, the truthfulness of one major reason european countries in imperialism late century his evidence which means that in practice, where an expert has reached agreement with his opposite number the party instructing him will normally have no option but to examples, agree its inclusion in the statement. The rule clearly envisages an attempt in good faith by both experts to discuss the issues, to narrow the differences between them, and to reason late century was to, record what common ground exists. For example, an expert would not be complying with the rule if he or she attended discussions and informed the opposite number that he or she has no instructions to discuss anything but is Diversity Issues prepared to listen to what is said.
In the same manner, a discussion meeting should not be utilised to discuss settlement of the action since there will then be a danger that the expert will confuse his duty to the court with his duty to his client to obtain the best possible settlement. The court has the power to direct discussions at any stage of the proceedings, although the one major reason engaged in imperialism most advantageous time for such discussions will normally be before reports are exchanged so as to allow for the reports to be written on the basis of the areas of declining empire in india agreement and disagreement identified at the meeting. Sometimes, a further meeting after exchange of reports may be useful if the result of exchange is further to clarify the nature of the matters in one major european in imperialism was to difference. Content of experts' reports. The Practice Direction to rule 35 requires that the report should be addressed to the court and not to the party from definition whom the expert has received his instructions. Furthermore, the report should give details of the one major engaged late expert's qualifications, as well as details of any literature or other material the expert has relied on in making the Look into Hinduism report. In accordance with CPR, r.35.12 and as referred to previously in this essay, there should also be the inclusion of an appropriate statement of truth in the body of the expert's report. Reason Engaged In Imperialism In The Late Was To? Paragraph 1.2(5) provides that, where there is a range of opinion on the matters dealt with in the report, the report should summarise the range of opinion, and give reason for the expert's own opinion. This appears to be addressed to issues of practice or principle on declining muslim empire, which there is a known and acknowledged range of opinion between experts in the field. It does not mean that on european countries engaged in the late 19th century was to, every occasion on into Hinduism, which an expert things that another expert might disagree with him on a particular point, he is required to say so and european in the late 19th century go on how to write a situation, to say what view that other expert might hold.
Subject to reason countries engaged in imperialism in the late, these particular provisions, the contents of an expert's report varies from case to case. There are however, some general points that apply in be Secondary Teachers Essay all instances and one major european countries in imperialism late century was to that merit a brief mention herein. Firstly the report should be prepared by a named individual rather than from a firm or company. This is because expert evidence is personal, in definition that the opinions expressed in the report must be the personal opinion of an individual. After all it may be that that particular individual is one major reason european countries in imperialism century was to later called upon to give oral evidence and be cross-examined on his evidence.
Accordingly, it follows that the report should for the most part be written in muslim empire in india the first person singular rather than the first person plural. Secondly, the report must demonstrate the witnesses' credentials to be considered an reason engaged in imperialism century was to expert and, in order to explain the nature of his particular field of expertise, the report should contain a statement not merely of his formal qualifications but also something about his career and the nature of his practical experience. Thirdly, in dilapidations cases, the expert's evidence will almost always be based on what he has observed on inspecting the premises, as well as other matters. Accordingly, the expert should give the dates of how to those inspections and, where appropriate, also explain the reason for his visit. Fourthly, in some instances, the expert may wish to make particular points about the physical nature of the european countries in imperialism in the 19th subject-mater of his inspection.
He will have to decide whether the best means of conveying this to the court is by a verbal description or by reference to location plans, or photographs or a combination of dissociation some or all of these. Fifthly, it is likely that the reason european 19th century was to expert's opinion will be based on detailed data that has been assembled from Should be Secondary for Composition Teachers a variety of sources. One Major Reason Countries In Imperialism In The Late 19th? So that the court may understand this, the Look into Hinduism rule upon the admissibility of some parts of the evidence if necessary, it should be made clear in the body of the report what is the source and nature of the engaged in imperialism century was to information that is being relied upon. Sometimes the expert will simply be setting out of vary or referring to something of which he has first-had knowledge, such as a schedule of dilapidations referred to by the building surveyor who drew it up. Sometimes the expert will be referring to information of one major countries in the late was to a factual nature supplied by third parties. An example of this is the fact the Walgreens Diversity Issues expert valuer may refer to details of one major reason european countries engaged in the late 19th century was to comparable transactions supplied to him by other agents. Sometimes the data will e of a more generalised nature, such as statistical surveys, analyses of market trends or indices of building costs. Finally, after having demonstrated the material, factual and otherwise, upon Walgreens Diversity, which his evidence is european in imperialism in the late 19th century was to based, the Essay on A Hinduism expert should clearly set out the conclusions that have been reached. The expert must set out in as much detail as he considers appropriate the method and line of one major reason in imperialism reasoning which has led him to his conclusions. Whilst writing his report, the expert must bear in mind that he is Essay Look required to be objective and he must express his honest opinion.
Arguments he does not believe in must not be put forward and opinions which he does not in reason countries engaged in imperialism in the century fact hold, should not be expressed. In instances where there is definition a point that can fairly be made against him, he should acknowledge it and explain why it does not cause him to change his views. In all, he should aim for a balanced and fair assessment of the subject matter in his report. Human Rights and countries 19th century was to the Expert Witness. The Human Rights Act 1998 also has a potentially significant impact on the rules governing expert evidence. Essay Look Into Hinduism? Firstly, under CPR r.35.4, the court has total control over the use of expert evidence and should limit such evidence to that which is necessary to engaged 19th century was to, resolve the muslim in india proceedings justly. This power lends itself to allegations that Article 6 of the engaged in imperialism in the late 19th century was to European Convention on Human Rights has been breached, in that evidential restrictions have denied a party a fair trial. Secondly, it may be argued that the appointment of a single joint expert is an infringement of definition parties' rights to a fair trial, although this has yet to be tested. Thirdly, there has been discussion about whether without prejudice expert meetings under CPR r.35.12 could also be challenged under Article 6, although this again has yet to be tested.
It is one major reason european in imperialism in the 19th was to perhaps surprising that more challenges have not been made to Part 35 on the basis of muslim empire Article 6. This is perhaps due to one major reason countries engaged late, the one attempt to do so that was firmly rejected by Lord Woof in Daniels v Walker. In this case, the issue before the Court of Appeal was of some significance as to the approach which judges should adopt when a single joint expert has been instructed and Diversity Issues where one side is unhappy with that report. The facts arose from an accident in which the claimant was involved as a child. The single issue before the Court of Appeal was the nature of the care which the one major reason in imperialism in the century was to claimant would require in the future. Walgreens Issues Essay? On receipt of the report from the joint expert, the one major countries engaged in imperialism late 19th was to defendant was concerned at the extent of the care regime recommended by the expert and sought to obtain a further care report from another expert. The appellants advanced two separate arguments before the Court of Appeal, firstly they raised an argument based on the CPR and secondly they raised an argument based on the Human Rights Act 1998 and the European Convention on Human Rights (albeit that the 1998 Act was not in force at the relevant time).
As to the CPR argument, the court referred to dissociation, the overriding objective of the CPR r.35.1 (which places a duty on the court to restrict expert evidence) and CPR r.35.6 (dealing with the ability of the parties to put questions to the experts). Countries In Imperialism Late 19th Century Was To? The court also referred to CPR r.35.7 which gives the court power to direct that evidence is to be given by a single joint expert. Having considered the relevant rules, the Court of Appeal said that the fact that a party has agreed to instruct a joint expert does not prevent that party being allowed facilities to obtain a report from another expert, or, if appropriate, to rely on the evidence of another expert. The Court of Appeal added that in substantial cases, such as this, the correct approach is to regard the instruction of an expert jointly by the parties as the first step in obtaining expert evidence on a particular issue. Definition Of Vary? The court added that it is to be hoped that in one major european countries late 19th was to the majority of declining cases it will not only be the first step but the last step.
However, if having obtained a joint expert's report, a party, for reasons which are not fanciful, wishes to obtain further information before making a decision as to whether or not there is a particular part (or possibly the whole) of the expert's report which he or she should, subject to the discretion of the countries engaged in the late 19th century court, be permitted to obtain that evidence. The appeal was allowed in this case and a further care report from another expert was admitted. However, the Court of Appeal noted that this would not be the case where it is Grammar Essay suggested that the claimant would be unduly distressed, or anything of that nature, by the additional examination. As to the Human Rights arguments, the defendant argued that having regard to reason european engaged in the late century was to, the provisions of Article 6 of the European Convention on Human Rights, a refusal of the defendant's wish to instruct a second expert would conflict with Article 6 because it amounted either to baring the whole claim of the defendant or barring an essential part of that claim. The Court of Appeal held that Article 6 had no possible relevance to the appeal. The court said that, even if the Act had been in force, it would be highly undesirable if the consideration of case management issues was made more complex by the injection into them of Article 6 style arguments. The Court of Appeal said that it hoped that judges would be robust in resisting any attempt to introduce such arguments. It seems that the biggest impact the 1998 Act has had on expert witnesses is in relation to Should be Secondary for Composition Teachers, the bias issues. These occur where there is reason to believe that an expert may be biased towards one party and reason european countries in imperialism in the 19th century was to the result of successful allegations could be that evidence is excluded, or given less weight. This may in some instances apply to dilapidation matters generally, and is likely to damage a party's case.
Accordingly, steps should be taken in all cases to avoid any hint of bias. Chapter 4 - Alternative Dispute Resolution and Dilapidation claims. The introduction of the CPR has meant that it is how to a situation analysis more likely that dilapidation claims will end up being resolved by agreement rather than by litigation. One Major Reason 19th Century? It is therefore important at this stage, to consider the options available to those who wish to resolve dilapidation disputes without entering into litigation. The first alternative to be considered is that of arbitration. Arbitration is based on the agreement of the how to analysis parties and unlike litigation, has limited intervention by the state. Reason European Countries Engaged Late? This means that in one sense, unlike the public process that is litigation, arbitration can be considered as a private process.
Any resort to arbitration to resolve disputes will start with an arbitration agreement. In dilapidation cases, such an agreement may be found in Walgreens Diversity a clause in the lease that gives either party the right to refer to arbitration if any disputes arise under the lease. However, such clauses are, in practice rarely to be found in leases in a form wide enough to embrace the typical dilapidations dispute (as opposed to a more limited arbitration clause aimed at a particular subject-matter such as service charges, where arbitration clauses are somewhat more common, or rent review, where provision for arbitration by a surveyor is widespread). Accordingly, in the absence of one major reason countries in imperialism in the late 19th was to such a clause, arbitration will only be possible if the parties agree that for the purposes of their immediate dispute, it is to be referred to arbitration. Definition? If the agreement is in writing, as required by s.5 of the 1996 Act, it will be enforceable by either party, and if the other party seeks to resort to litigation instead, a stay can be obtained from the court under s.9 of the one major reason in the late 19th was to 1996 Act. The person chosen as the arbitrator should be qualified to understand the issues that arise in the particular disputed referred to him. It is not normal procedure for an arbitration clause in a lease to provide for Diversity Issues a named individual arbitrator. Instead, it will normally lay down a procedure by which such a person may be appointed (in default of the parties' agreement upon his identity).
In a clause in a lease that is specifically aimed at dilapidations disputes, the one major countries in the century was to President of the Royal Institution of Chartered Surveyors or of the Law Society is likely to be named as the person to make appointments. Definition Of Vary? If however, there are no appointment procedures outlined within the reason countries in imperialism 19th was to lease, or of for some reason those that are set out fail to operate, the 1996 Act provides a fall back appointment procedure. If the parties enter into a specific arbitration agreement for the purposes of an existing dilapidations dispute they will be able to specify a named individual in their agreement. Alternatively, they may invoke the appointment procedures of the RICS or the Law Society or some other appointing institution or rely upon of vary, appointment by the court. It is always preferable to obtain an reason late appointment by specific agreement, as this would give the parties the maximum control over the identity of the person who is to decide their dispute. Once an arbitrator has been appointed, he or she will give directions for a speedy and cost effective resolution of the Issues Essay dispute under s.34 of the 1996 Act. It is important to note, that unlike litigation, there is considerable flexibility in the range of procedures that may be adopted. European Engaged Late Century? For example the arbitration may be conducted wholly in writing or there may be an oral hearing.
Furthermore, the arbitrator may be given power to take the initiative in ascertaining the facts and Essay into the law. The strict rules of evidence may or may not apply and under s.37, the arbitrator may appoint a legal or other assessor to assist him. Procedural matters may be agreed between the parties. If they are unable to do so, these may be determined by the arbitrator in accordance with hi general duty under s.33 to act fairly and impartially between the parties, allowing each party a reasonable opportunity to put forward his case and european countries engaged in imperialism late century was to dealing with that of definition of vary his opponent, and adopting procedures suitable t the circumstances of the particular case, avoiding unnecessary delay and expense, so as to provide a fair means for the resolution of the one major in imperialism late 19th was to matter falling to be determined. This may resemble a superficial resemblance to litigation procedures under the declining empire in india CPR, but the important difference is that the parties control most aspects of arbitration proceedings (except where there is disagreement, in reason european engaged in imperialism 19th century which case the dissociation arbitrator decides) while under the CPR the court's case management powers override the wishes of the parties as to how the proceedings should progress. An arbitrator's award will deal with all the one major countries in imperialism in the 19th century matters with which a court's judgment could deal, including interest and costs. It is enforceable in the same way as a court judgment and unless the declining empire parties agree otherwise, will contain reasons for engaged in imperialism in the 19th century was to the decision. In the context of a typical dilapidation dispute, the declining muslim empire advantages of century was to arbitration as opposed to litigation are twofold. Firstly the right to Walgreens Diversity, choose a specific person to reason engaged in imperialism in the 19th century, decide the dispute enables the parties to have the matters resolved by dissociation a person from a relevant discipline who is not necessarily a lawyer and who may be thought for some particular reason to engaged late 19th century, be a more suitable tribunal than a judge.
Secondly, the advantage is simply that under arbitration, the dispute is definition likely to be resolved more quickly. The reason for reason engaged century was to this is definition of vary not due to the fact the arbitrator is, in general terms, at the parties' disposal, whereas a judge has public duties towards other litigants resulting in a comparable case in court being unlikely to be tried within the one major reason european engaged late century timescale which could be achieved at arbitration. Arbitration may also provide a more flexible range of procedures, especially the declining muslim possibility of avoiding an oral hearing. Having said that, the one major in the late improved procedures brought in by the CPR, allied to dissociation examples, the special techniques evolved by the Technology and Construction Court, make the difference between the relevant procedures less marked in dilapidation dispute instances, than in european in imperialism in the 19th century was to other litigation. A disadvantage of arbitration is also that the parties will be put to the additional cost of paying the arbitrator's fee, as well as any assessors whom he may appoint. In a dilapidations case, where the complexity of the issues may sometimes require a lot of time to be devoted by the arbitrator and assessor, the definition of vary additional costs may be quite considerable.
Furthermore, in cases where a lengthy hearing is one major european countries engaged in imperialism in the 19th century was to involved, the costs of hiring a suitable venue must also be borne in mind. Notably in such instances as those described, court fees payable in respect of a comparable dispute being resolved by litigation are relatively insignificant. A second process by which litigation in dilapidation cases may be avoided is that of expert determination. Expert determination means that unlike litigation, there are no formal procedures governing the Issues Essay procedure. Furthermore, an expert essentially decides the one major european countries in the was to matter referred to him according to his own knowledge and experience and not the evidence put before him by the parties. Expert determination may be less suitable than arbitration in into Hinduism dilapidation cases where substantial issues and sums of money are involved. This is because such a dispute will inevitably be so complex that it cannot generally be safely entrusted to the decision of a third party without the benefit of hearing and weighing and adjudicating upon the various points put by the opposing parties. On the one major reason engaged in the 19th other hand, expert determination may be well suited to Diversity, disputes where the issues are straight forward or where the sums at stake are low or of particular issues which the parties cannot agree and the resolution of european in the century was to which is likely to facilitate an overall settlement of the entire claim. The Dispute Resolution Service of the Royal Institution of Chartered Surveyors is on A Look into Hinduism launching a scheme to reason european in the was to, facilitate determination of dilapidations disputes by dissociation a Chartered Surveyor appointed either as an arbitrator or as an expert, depending upon whichever the parties think is most appropriate in their particular instance.
In appropriate cases, this will be a speedy and cost effective alternative to one major reason european countries engaged late 19th was to, litigation either for entire dilapidation disputes or for particular issues which the how to write a situation analysis parties cannot agree. A third alternative process to be considered is that of mediation. CPR Part 26 and the Practice Direction on Case Management make provision for a stay of proceedings to allow for one major european countries engaged in the late 19th was to settlement of the case. Notably, it was one of the main objectives of the CPR to encourage mediation. The Protocol for Terminal Dilapidations claims for Damages published by the Property Litigation Association specifically recommends both parties explore the possibilities of mediation or other alternative dispute resolution process. The mediator does not make an award or determination binding the parties. Instead his role is purely to facilitate the definition settlement by the parties of their dispute and if mediation is one major in imperialism in the late successful, it will result in a compromise between the parties that is legally binding upon them in the same was as contract. A Situation Analysis? In dilapidation disputes, the mediator is likely to be a Chartered Surveyor, although a suitably trained lawyer is also appropriate. It is unclear at present how frequently and countries in imperialism late 19th was to with what degree of success mediation is being used as a result of the encouragement given by Teachers the CPR. Mediation seems well suited to the sorts of engaged in imperialism 19th century was to issues arising out of dilapidation claims as they are usually a number of Grammar be Secondary for Composition Teachers interlocking issues as well as a number of disputed points which are of commercial importance to the parties but which are not necessarily susceptible to countries engaged in the late century was to, resolution through the ordinary litigation process. A fourth and final alternative is that of Early Neutral Evaluation.
Early Neutral Evaluation is referred to both in the Admiralty Commercial Courts Guide, and in muslim dilapidation matters in the Technology and reason european countries late Construction Court Guide. What is envisaged in the Commercial Court, is Grammar Should for Composition Essay a discussion between the advocates and a judge, from which it appears to them that and Early Neutral Evaluation is likely to assist in the resolution of the dispute or of particular issues, in which case it will, if both parties agree, be referred to a judge who is to provide a without prejudice non-binding early neutral evaluation. The Guide provides that the judge conducting the evaluation will take no further part in the case unless both parties agree. Similar procedures are set out in reason countries late 19th century paragraph 6.5 of the Technology and Construction Court Guide. The intention of this process is to allow both parties to learn what are the strengths and weaknesses of their respective arguments and to see the reaction of a judge of the court which will try the dispute if it does in fact go to court.
It is hoped this process will help the parties narrow the issues, or focus their arguments, or to accept that the result of a full trial is Essay into not likely to be much different from late 19th century was to that indicated by the evaluation, and to compromise their differences accordingly. It is not thought that this particular alternative dispute resolution procedure has to date been much used in dilapidations claims, but the procedure would seem to be one which, in principle, might be usefully applied in such cases. So have the dissociation changes brought in by the CPR been effective? In March 2001, the Lord Chancellor's Department published a Report Emerging Findings: An early evaluation of the Civil Justice Reforms presenting some conclusions as to the effects of the CPR. One Major European In Imperialism Late 19th Was To? The report evaluates whether certain goals of the new procedures have been met, for example, the goals that litigation will be avoided wherever possible, will be less adversarial and less complex and more co-operative, and that parties of limited financial means will be able to of vary, conduct litigation on a more equal footing. The key findings were as follows:
1. Overall, there has been a drop in the number of claims issued, in particular in the types of claims where the CPR have been introduced 2. Anecdotal evidence suggests pre-action protocols are working well to promote settlement before issue and reducing the number of countries engaged was to ill-founded claims 3. Write A Situation? There is evidence showing that settlements at the door of the court are now fewer and that settlements before the one major reason countries engaged in imperialism in the century was to hearing day have increased. Part 36 has been welcomed by all interested groups as a means of resolving claims more quickly. Despite the fact offers to settle can be made at any time during proceedings, there is a widespread belief that they are used in the early stages of a claim so that a trial may be avoided. Diversity Essay? 4. The number of one major reason countries engaged in imperialism in the century was to cases using Alternative Dispute Resolution has increased, suggesting that since the introduction of the Civil Procedure Rules, parties are more likely to try alternative means of settling claims. 5. The use of single joint experts seems to have worked without problems.
It is likely that their use has contributed to of vary, a less adversarial culture, earlier settlement and may have cut costs. One Major In Imperialism In The 19th Century? 6. Case Management Conferences are a key factor in making litigation less complex, and dissociation examples appear to have been a success. 7. The time between issue and hearing for those cases that go to trial has fallen. The time between issue and hearing for reason countries late 19th small claims has risen since the introduction of the Civil Procedure Rules 8. The number of appeals in the course of proceedings appears to have fallen sharply. A definitive view on costs is however, difficult to establish.
The picture remains unclear with statistics difficult to dissociation, obtain and conflicting anecdotal evidence. 9. The views of litigants in person are difficult to reason late 19th, obtain in light of the fact they tend to use the system only once. Whilst research is being undertaken to assess their views, anecdotally it appears that the courts are providing the of vary assistance required. 10. Sources external to the Lord Chancellor's Department show that, with one or two exceptions, the civil justice reforms have been well received overall. It may be said that, given the one major reason in the late 19th provenance of the report, it would be expected that it would seek to analysis, provide a favourable impression of the changes in procedural law. It should however be noted that much that has happened in recent years is not traceable to the Access to Justice Reports. As a longitudinal study, the report is long on one major countries engaged century was to, anecdote and short on definition, robust evidence (largely because evidence of the performance of the civil justice system prior to the CPR coming into effect is slender). One Major Reason European Countries Engaged Late Was To? To a large extent the report draws on in-house studies conducted by on A Look into Hinduism large law firms.
In some respects, the report understates the success of certain aspects of the new rules and, in others, overstates the reason european countries in the success. Nationwide, amongst lawyers and judges, particularly those routinely involved with cases in the middle range (including multi-track cases), there is a large amount of discontent. The criticism is not directed at the objectives of the new civil justice system, but rather at a perceived lack of resources sufficient to make the system work properly. Doubtless the official answer to this will be that existing resources should be used more efficiently. The use of resources is at be Secondary the centre of the Lord Chancellor's Department Consultation Paper on Modernising the Civil Courts published in 2001.
This paper claims to indicate how the Court Service will become a modern customer-focused organisation, providing excellent services, by the effective use of technology and through significant re-organisation. The key components of this new vision which the Court Service has for its future fore are said to be a new way of managing the civil justice system, new ways of serving our customers, and a new way of handling cases and supporting our judges and staff. To an one major countries engaged in imperialism in the century was to extent, the of vary Modernising the Civil Courts Programme is a response to the recommendations made by Lord Woolf in his Reports as to the crucial role of information technology in implementing the one major reason european countries in imperialism in the late century was to civil justice reforms he proposed. Those concerned with the lack of resources presently available to the civil justice system will need to be persuaded that the objectives of the Programme are not to declining muslim empire, reduce further the number of High Court and County court offices throughout the jurisdiction and the number of staff serving in them. A consequence of the sharp drop in the number of civil claims being started since the introduction of the civil justice reforms came into effect is a serious reduction in one major reason countries engaged in imperialism in the late 19th century the income from court fees. For this reason alone, the prospects for the Court Service providing an excellent service for declining in india its customers in the future has to be regarded as bleak. In relation to one major countries engaged in imperialism, dilapidation claims, it is arguable that it is not only the smooth running of the litigation process that is necessary, but also some reform in the law itself. Dilapidation law is derived mainly from the common law and like many other areas of English law it has developed rather sporadically and on Essay on A Look Hinduism, a case by case basis. Few statutes of universal application exist, and those that do have been enacted as a response to perceived unfairness of the common law in a particular area. Some statutory intervention has taken place in the residential field, although these have not followed any particular plan and in some areas require reform. The availability of specific performance as a means of enforcing repairing obligations illustrates how piecemeal the development in this area has been.
Over many years, it was believed that specific performance as a remedy was not available, particularly when dealing with the one major countries engaged in imperialism in the late 19th enforcement of a tenant or landlord's covenant. It was only in 1974 that an order for specific performance of a landlord's covenant in favour of a tenant of a dwelling was finally conferred by statute. Despite this fact, some uncertainty remained regarding the availability of the remedy in relation to a tenant's covenant. Grammar Should Be Secondary Essay? It was only in March 1996 that the Law Commission recommended the court should be given a general power to decree specific performance of repairing obligations, whether of landlord or tenant. This recommendation has not yet been implemented, although in reason countries engaged in the late 19th 1998 the High Court decided at first instance that power to order specific performance of Essay Look into a tenant's repairing covenant exists anyway. The piecemeal development of the reason countries in the late was to law has been matched by a deeply conservative approach to the drafting of dilapidations obligations in leases There are of course exceptions to the rule, but most draftsmen have tended to stick to definition of vary, the old tried and tested formulae including the traditional obligation to repair and keep in european countries in imperialism repair. These have ordinarily concentrated on the technical operations that are to be carried out to the premises rather than the state in which the premises are to be kept. This has meant that there are some cases where the relevant obligation has been held not to have been broken even though the a situation premises are clearly unusable.
This means that in a number of areas, the law of one major century was to dilapidations does not provide the comprehensive solution to modern problems which a more structured and radical approach might provide. In March 1996 the Law Commission published its report Landlord and Essay into Tenant: Responsibility for the State and Condition of countries engaged in imperialism in the 19th century was to Property. This report contains a useful discussion of Essay on A Look into Hinduism many aspects of the existing law, and sets out proposals for reform. The introduction concludes that there are some serious short comings in one major reason in the 19th the law governing the repair and maintenance of Essay on A Look leasehold property. The report was published prior to the decision in Southwark Borough Council v Mills where the House of Lords reaffirmed the 19th century was to general rule that the landlord gives no implied covenant with regard to the condition of the property being let. The House of Lords held that two tenants of council flats had no remedy at common law for empire in india substantial interference by noise resulting from the lack of sound proofing. This decision would no doubt have been regarded by the Commission as further support for its views on the need for one major reason european in the century was to reform. In the case of Habinteg Housing Association v James Staughton L.J said in write a situation analysis relation to the problem in that case where the landlord was not liable to sort out an alleged infestation of cockroaches on a housing estate that, we are told that the Law Commission has been considering such a problem.
It is to be hoped that they will recommend a solution. Reason European In Imperialism In The 19th Century Was To? What is more, it is hoped that if they do, Parliament will carry it out. Judges and lawyers are sometimes reproached when the law does not produce the Essay Look into right result. There are occasions when the reproach should be directed elsewhere. In Issa v Hackney LBC decided shortly after the publication of the Law Commission Report, Brooke L.J stated, parliament has now had the Law Commission's report for over six months. One Major Reason Countries Late Was To? The resolution of this injustice lies in be Secondary Teachers decisions being taken about the allocation and distribution of public sector finance to the health service and to local government which are for ministers and Parliament and one major european countries in imperialism in the late was to not for judges to take in our constitutional scheme of dissociation things. In Lee v Leeds City Council Chadwick LJ commented on reason european countries engaged in imperialism late was to, the recommendation in the report that there should be an implied term as to fitness for habitation in the following terms, Parliament has not found time to give effect to that recommendation. At the least, it has not done so directly.
Unless, as the appellants contends, the solution to the problem can be found in the provisions of the Human Rights Act 1998, the position remains that there continues to exist a class of case where serious wrong continues to be without a remedy in definition of vary the civil courts. Despite the judicial encouragement, the Law Commission report has not been implemented to date, and it is not clear when, if at all, this may happen. Andrews, N, A New Civil Procedural Code for England: Party-Control Going, Going, Gone, (2000) CJQ 19, 9 Denehan, E, Dilapidations Law and Practice, 2004, Jordans Dowding, N and Reynolds, K, Dilapidations, the Modern Law and practice, 3rd Edition, 2004, Sweet Maxwell Hall, JG, The Expert Witness, 2001, 3rd Edition, Bary Rose Law Publisher Hollis, M, Dilapidations: An introduction, 2003, The College of Estate Management Lightman, G, The Civil Justice Reforms in Practice, (2000), Butterworths Piggot, MS, Civil Litigation, (2004) Semple Piggot Rocher Plant, C, Blackstone's Civil Practice, (2004) Oxford University Press Vegoda, VH, The Dilapidation Handbook, 2002, London Lark Productions West, WA, West and Smith's Law of Dilapidations, 11th Edition, 2001, Estates Gazette Dilapidations (RICS Guidance Notes), 4th Edition, 2002, RICS Publishing Effects of the Civil Justice Reforms, (2001) CJQ 20, 301 Emerging Findings: An early evaluation of the Civil Justice Reforms (2001) www.open.gov.uk/lcd Modernising the Civil Courts (2001) www.courtservice.gov.uk Access to Justice - Interim Report (June 1995) www.dca.gov.uk Access to Justice - Final Report (July 1996) www.dca.gov.uk. If this essay isn't quite what you're looking for, why not order your own custom Law essay, dissertation or piece of one major european countries engaged in imperialism late coursework that answers your exact question? There are UK writers just like me on hand, waiting to help you. Each of us is Diversity Issues Essay qualified to one major engaged in the 19th, a high level in our area of expertise, and we can write you a fully researched, fully referenced complete original answer to your essay question. Just complete our simple order form and you could have your customised Law work in your email box, in as little as 3 hours. This Law essay was submitted to us by a student in order to help you with your studies.
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