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Evidence of a shift from English Common Law, adversarial system to the Continental Civil Law, inquisitorial system.
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The Lord Chancellor The Reichstag, Berlin Monday, 28 February 2000
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"In Germany, the Judge relies on his knowledge of the law to take a grip on each case from the beginning, and to remain very much in charge of its conduct." |
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The English way |
"In England, the judge allows the advocates to present the case to the court. This has traditionally meant long, complex oral argument."
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Civil Justice reforms
Judicial management |
"But reforms to the civil justice system, implemented last year by the Government, will create a much-increased use of judicial case management.
This means an irreversible shift in the control of the progress of cases from lawyers to judges. As well as bringing new discipline into litigation, it will help reduce delay."
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Inspired by international commercial arbitration |
"The reforms were inspired by developments in international commercial arbitration, drawing greatly from German and French practice. They provide a remarkable example of the coming together of the common law and the civil law."
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