Center Of Commercial Law Studies

This paper looks towards a new frontier for civil justice that will extend the boundaries of judicial function to procure earlier settlement. We firstly consider a brief historic review of early judicial intervention in the Official Referees’ court and some of my quantitative findings and conclusions on its efficiency in the 20th century. We also glance at comparative systems and key elements of processes from which we may conclude undoubted benefits of mediation: the key driver being cost and time, and whilst time may be available, cost is becoming an ever more critical question in the economic context of financial default and decline following the Great Recession, as some term it. This gives reason for a degree of lateral thinking in looking at comparative international systems supporting the idea of a multi-door courthouse concept pioneered by Frank Sander of Harvard Law School. Having also glimpsed at adjudication and finding general benefit in terms of cash flow, we may conclude that no particular ADR process provides a panacea for all ills. Thus, we may consider that speed cannot be at the expense of justice: courts must act with regard to the factual matrix, the extent of technical complexity, the amount of evidence, the sums involved and importance to the parties. Courts can aim to be more modern and effective with the appropriate level of judicial expertise where initiative and creativity make a more efficient use of judicial time so that cost becomes less important. That must surely be the aim of all engaged in pursuit of justice.

Remarks upon the low priority given to the funding of civil justice in England before creation of new Supreme Court and creation of Ministry of Justice promoted in this editorial. Other articles by the author include trends in construction disputes , encouraging ADR and a profile of the eminent jurist Oliver Wendall Holmes Jnr.

A selection of articles by the author written in February 2000 and dealing with Adr and civil justice. The artcles were written before the author embarked on heavier academic research on this subject but the themes are still cause for debate and discussion amongst practitioners and academics.

Abstract: This paper presents an overview of certain risks posed by cyber abuse in the business context. It does not in any way represent a definitive study of this very complex area which is in a state of constant flux to the extent that the laws of nations cannot keep pace with the challenges of today let alone tomorrow. This paper therefore gives warning of this phenomenon and focusses on the role of business to its management and staff and others affected by its IT structure. The paper gives some analysis of the threats from cyber-crime and abuse from a variety of government agencies and other bodies. The underlying theme is one of caution and warning of the enemy within organisations and outside who use cyber-attack as a means to an end.

Abstract: This paper presents an overview of certain risks posed by cyber abuse in the business context. It does not in any way represent a definitive study of this very complex area which is in a state of constant flux to the extent that the laws of nations cannot keep pace with the challenges of today let alone tomorrow. This paper therefore gives warning of this phenomenon and focusses on the role of business to its management and staff and others affected by its IT structure. The paper gives some analysis of the threats from cyber-crime and abuse from a variety of government agencies and other bodies. The underlying theme is one of caution and warning of the enemy within organisations and outside who use cyber-attack as a means to an end.