University of Cambridge, Faculty of Law

The Legal Process: Justice and Human Rights (Tripos Seminar) (Tripos)

Syllabus

The essential criterion is that the topic chosen for a dissertation should concern the legal “process”. The following is a non-exhaustive list of possible subjects of study:

Part A: Access

Access to Justice (1): Conditional Fees
Access to Justice (2): Public Legal Support for Civil Litigants (the Legal Aid debate)
Access to Justice (3): Small Claims; Litigants in Person; Tribunals
Access to Justice (4): Multi-party Actions (Group Actions and Representative Proceedings)

The Alternative Dispute Resolution Movement

Part B: The System

The Changing Role of the Civil Courts
Delay and the Civil Process
Accelerated Forms of Civil Justice
Abuse of Process
Disclosure of Documents and Information between the Parties
Lawyer/Client Secrets: the Nature and Limits of “Legal Advice” and “Litigation” Privilege
Evidential Development and Reform in Civil Actions: the Privilege against Self-Incrimination, the Hearsay Rule, Public Interest Immunity
Costs (the nature of costs; wasted costs against negligent lawyers; non-party liability for costs; security for costs; adjudication of costs disputes)
The Role of Appellate Courts in Civil Actions
Enforcement of Judgments and Orders
Finality and Res Judicata
Special Injunctions: Freezing Injunctions (Mareva Injunctions) and Search Orders (Anton Piller orders)
Aspects of the Interaction of the Criminal and Civil Processes
Human Rights Aspects of the Legal Process
Fundamental Procedural Guarantees

Part C: The Players

The Role of Lawyers in the Legal Process (rights of audience etc.)
The Nature, Selection, Conduct and Monitoring of the Civil Judiciary
Civil Juries in England and the USA: 1800 – present

Part D: Contexts

Clinical Negligence Actions
Personal Injury Actions (Non-clinical)
Defamation Actions
Procedure in Employment Tribunals
Procedure in Applications for Judicial Review
The Resolution of Commercial Disputes: the Commercial Court, Arbitration and Mediation
Intellectual Property Litigation
Construction Law Disputes (building and engineering works)
Transnational Dispute Resolution

Structure of the Course:

Michaelmas Term: Introduction to the subject; individual guidance on proposed topic for research.

Lent Term: Presentations of work in progress and discussion.