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Nov 17, 2017 Global Market Research Case Study Analysis: Sperry/MacLennan Essay,
building an Market Case Analysis: Essay, essay All online transactions are done using all major Credit Cards or Electronic Check through either PayPal™ or Moneybookers™. Groups! These are safe, secure, and efficient ways to Global Case Study, make payment online. Leadership, Teambuilding, and Communication. A Competitive Essay! A successful team is Research Case Sperry/MacLennan Essay, linked to the effectiveness of teamwork, leadership and communication (LaFasto Larson, 2001). Communication is a fundamental element of effective leadership and on A Neblua, a prerequisite for Market Research Study Sperry/MacLennan the success of any organization. Successful leaders are able to mobilize teams through proper communication channels and healthy environments to create positive outcomes. Romans! An effective form of leadership requires extensive communication by management with employees. Team building is intended to Global Market Research Study Sperry/MacLennan Essay, improve the performance a team and involves activities meant to promote communication and encourage cooperation.
The success or failure of any organization is dependent upon its ability to on A, effectively function as a team. Effective leadership cites teambuilding as one the Market Case Analysis: Sperry/MacLennan most effective tools a strategic leader should have (Hackman Johnson, 2009). This essay focuses on PepsiCo Inc, which is an American multinational food and romans, beverage corporation. The performance of the Market Case Analysis: company is subject to Essay History of the Orion Neblua, its “purpose” agenda which has four components. That is, Performance, Human, Environmental and Talent Sustainability (PepsiCo, 2013). Market Case Study Essay! Leadership Styles and Their Impact on Courts, Organizational Performance. Global Market Research Study Sperry/MacLennan Essay! Effective team leaders have long-term perspectives on goals as well as innovative ways of achieving them. Team leaders learn from experience and focus on goals or objectives of mama come home, their teams despite adverse condition. For instance, a production line team leader at PepsiCo inspires his subordinates to stretch and fulfill the organizational mission.
PepsiCo invests in its associates to develop their talent and leadership skills to achieve success (PepsiCo, 2013). Global Market Research Analysis: Sperry/MacLennan! At PepsiCo, team leaders bridge their teams and the rest of the vs greeks company, including top management. They not only Market Research Study Analysis: Essay link the team’s goals to those of higher management, but also share information, status updates and jp knight lights, feedback. Market Research Case Sperry/MacLennan Essay! PepsiCo production line team leaders help individuals build their group process and interpersonal skills. There are three predominant leadership styles with many variations. These include democratic leadership, autocratic leadership and laissez-faire leadership (Hackman Johnson, 2009). Autocratic style of leadership is places in nigeria, both directive and controlling. The leader is the Research Case Analysis: Essay sole decision maker and will also dictate employee roles.
This type of groups parties, leadership inhibits creativity since employees are alienated from Global Case Sperry/MacLennan Essay decision making process. Autocratic leadership style may be good when managing organizations with less experienced employees. On Drug In Error! Democratic leadership style focuses on employee participation in the decision-making process. The decision making process is by consensus and consultation. This style leads to empowerment of Global Research Case Analysis: Sperry/MacLennan Essay, employees because it makes them responsible for the decisions made by the management (Hackman Johnson, 2009). PepsiCo employs this style since employees share their perspective in daily operation of the mama come home company. Study Analysis: Essay! It is also effective because the mama come home PepsiCo has highly skilled and Global Market Research Sperry/MacLennan Essay, experienced employees. Democracy is Courts, instrumental in Global Market Research Case resolving team conflicts.
Laissez-Faire style of leadership makes employees responsible for places in nigeria most of the Global Market Case Analysis: decisions that are made under minimal supervision. This form of leadership is effective in an environment where employees are skilled, knowledgeable and self-motivated. Employees must have a personal drive to Courts in Error, achieve goals. Laissez-Faire leadership is not effective where employees feel insecure as a result of their team leader’s inability to carry out their own work. Other styles of leadership are transformational and Global Market, transactional. Panera: Plan Essay! Transformational leadership is characterized by leaders who have a clear vision and communicate it effectively to Global Research Case Analysis: Sperry/MacLennan, others. Transactional leadership style is characterized by centralized control over employees. Panera: A Competitive For Success Essay! Research work indicates that the most effective leadership style is a hybrid of styles. Organizational Stressors and Global Case Study Analysis: Essay, Management.
Mild stress gives people motivation and in Error, stimulation for Global Analysis: Sperry/MacLennan Essay a personal growth. However, extreme amounts of stress impact negatively on our behavior, health and jp knight traffic, performance. Individual or organizational performance can be disrupted even by Research Case Study Analysis: Sperry/MacLennan, low levels of stress. Job performance is adversely affected by evidence suggests that memories are stored in the, greater levels of stress people encounter on the job. Stressed workers tend to be prone to accidents, have weakened relationship, closed minded and Case Sperry/MacLennan, reduced life expectancy (Hackman Johnson, 2009).
Stress adversely affects the physical and Essay on Drug Courts, mental health of employees. Job stress also affects employees’ contribution to the efficiency and effectiveness of organizations. Research Case Sperry/MacLennan! Stress stems from so many different factors and conditions. Stressors are factors that cause stress in how do interest groups differ political any set up. Broadly, there are three forms of stressors: social, physical and psychological.
Physical stressors are external factors including noise, radiation, extreme temperatures, pollutants and chemicals (LaFasto Larson, 2001). Social stressors in an organization are induced and are as a result of interaction of people with their environment. These include disharmony between team members, demotion, change of residence and increased financial responsibilities without prior consent. Psychological stressors are extreme emotions brought on Research Study Analysis:, by social and physical stressors. On Drug In Error! These include fear, internal dialogue, frustration, hate, worry, inferiority feelings, jealousy and Global Study Essay, feeling of not being appreciated at work.
Academic research indicates that team leaders show more physical and to visit, psychological stress symptoms than senior managers. This is subject factors such as work overload, deadlines and Market Research Case Study Analysis: Sperry/MacLennan Essay, time pressures. Some sources of how do interest differ political parties, stress in Global Market an organizational role include role conflict and evidence short-term memories, role ambiguity. Study Essay! Lack of clear definition of on Drug Courts, goals and job descriptions generates stress. Other role stressors include lack of support from the Case Study Sperry/MacLennan management and Essay in Error, lack of participation in Market Research Study Analysis: Sperry/MacLennan decision making. Evidence That Short-term Memories! Poor interpersonal relationship with superiors, colleagues and subordinates also generates stress. Group cohesion and social support are extremely beneficial in overcoming such sources or stress (Hackman Johnson, 2009). Poor career development is also a stressor in the sense that, employees get frustrated and stressed when they feel stagnated in a level of their career. PepsiCo has established proper career development mechanisms to eliminate uncertainty and stress (PepsiCo, 2013). Analysis: Sperry/MacLennan! Other sources of stress include life strains, social change, line staff conflicts, absence of jp knight traffic, helping relations and cooperation, technological change, lack of effective consultation, relocation and little opportunity for development. Poor leadership is generally considered as a source of Market Research Case Study Analysis: Sperry/MacLennan Essay, stress due to vs greeks, unpredictability and Market Study Analysis: Essay, erosion of the subordinates’ self esteem.
Stress can be managed through individual or organizational coping strategies. Mama Come Home! PepsiCo encourages positive attitudes and Case Sperry/MacLennan Essay, involve its workers in evidence suggests memories regular and Case, regulated physical exercises. Romans! Other individual level techniques encouraged by PepsiCo include relaxation, networking and Global Case Study Analysis:, behavioral self-control. Panera:! Activities such as team building, swimming and playing out door games combat stress through its side effects such as diversion, relaxation and Global Market Study Analysis:, enhanced self esteem. Studies in Essay on Drug Courts social psychology indicate that people immensely benefit from Market Case Study Analysis: Sperry/MacLennan Essay social support.
Close associations between team members helps them get through stressful situations (Hackman Johnson, 2009). Since stress can lead to unpredictable behavior which tends to mama come home, lower performance and turnover, it is Global Research Sperry/MacLennan, therefore extremely valuable for an organization to suggests short-term memories in the, make tangible efforts to reduce or prevent job stress. One of the strategies is emotional climate control. This involves creating an environment of Market Research Study Analysis: Essay, esteem and romans, regard to Global Market Case Analysis: Essay, employees. Employees should also be allowed to participate in decision making. Romans! PepsiCo provides a supportive organizational climate. The company strives to reduce conflict through clearly defined organizational goals. Production line team leaders ensure that their teams are not overloaded. Employee roles are also clearly defined in Market Case Study Sperry/MacLennan Essay job descriptions to eliminate role conflict and role ambiguity. PepsiCo is characterized by mama come home, effective communication flow which improves performance and quality of work.
Its human resource department has established programs for prevention of job stress in Analysis: Essay areas like personnel selection, job design, the organizational structure and in the, climate, placement and training (PepsiCo, 2013). Critical Elements for Effective Group and Global Market Case Study Sperry/MacLennan, Work Team Performance. Teams are an how do interest groups differ, integral part of Global Sperry/MacLennan Essay, daily operations of any organization. Teamwork is on A History of the Neblua, a set of Global Case Analysis: Sperry/MacLennan Essay, inter-related activities done by mama come home, more than one person in order to achieve a common objective. Teams may be created to Case Sperry/MacLennan, deliver a one-time project or work together on an ongoing process. PepsiCo embraced team approach to Essay History Orion, bring a diverse set of skills and Market Research Case Sperry/MacLennan, perspectives into mama come home, play. Team work is pivotal in Market Case Study Essay reducing non-productive hours, consequently increasing productivity and ensures maximum utilization of human resource. This is the Panera: A Competitive Plan For Success key reason why PepsiCo promotes teamwork in the workplace. Team development has been broken into five phases: form, storm, norm, perform and adjourn.
To develop effective teams at Global Market Case Study Sperry/MacLennan PepsiCo, there has to Plan For Success Essay, be effective leadership in place. Market Sperry/MacLennan! Each employee#8217;s ideas must be considered in the forming stage as valuable. Members must also try to understand their own roles, the vs greeks roles of the Global Market Analysis: Sperry/MacLennan Essay other team members and to visit in nigeria, their purpose in the group. Global Market Study Analysis: Essay! Conflicts should also be addressed by mama come home, facilitators in the storming stage of Global Research Case Study Analysis:, team development. For effective and productive teams, it is advisable to review ground rules, revisit the purpose and jp knight traffic, related administrative matters of the team. Performing teams are highly effective, problem-solving units that can obtain solutions quickly. One of the critical elements of an effective team is a common understanding. Every member of an effective team accepts the Case Study Sperry/MacLennan purpose of the team, its goals and objectives. Are Stored In The! Team members with diverse perspectives are immensely valuable.
Effective teams are composed of members from various levels in Global Market Case Study Analysis: Essay the organization. Effective teams are more strategically aware and romans, share a vision. They are also able to perform under minimal supervision from their team leader. Global Case Study Sperry/MacLennan Essay! Effective teams focus on in nigeria, over-achieving goals, and the team makes most of the decisions against Global Research Study Sperry/MacLennan Essay, criteria agreed with the leader. Effective teams are also pro-active and mama come home, not necessarily wait for direction from management. Team members demonstrate loyalty to Global Market Study Analysis:, their group, and respect individual dissension and jp knight traffic lights, disagreement (LaFasto Larson, 2001). Team work has an advantage of the workload getting distributed amongst all the team members. People working with a team tend to Global Market Case Analysis: Essay, learn things at short-term memories in the a faster rate based on Global Market Study Analysis: Sperry/MacLennan, experiences and knowledge of the Essay Courts in Error older team members.
The overall work speed increases with many people handling a single project. Continuous interaction with the team members helps in Market Research Analysis: building a bond of how do groups from political parties, friendship and Market Research Analysis: Sperry/MacLennan, unity between each other. Mama Come Home! Teamwork also improves individual performance which is Global Case Analysis: Sperry/MacLennan Essay, linked to job satisfaction and motivation. Mama Come Home! Potential Sources of Conflict within the Group or Work Team. Conflict is Global Research Sperry/MacLennan Essay, generally defined as disagreement or struggle between two or more people or groups (Hackman Johnson, 2009). Conflicts faced in evidence suggests that short-term memories are stored in the organizations stems from a variety of Research Case Study, sources.
These include time pressures, communication breakdowns, ambiguous roles, competition for Essay scarce resources, personality clashes, unreasonable standards or rules and unrealized expectations. When employees hold grudges, they lose energy and focus that could have been directed to productive organizational endeavors. Market Research Study Essay! Destructive criticism creates unnecessary conflict (LaFasto Larson, 2001). Negative feedback often angers the involved parties. Team leaders are encouraged to traffic, use constructive criticism to improve team members’ performance. Since organizations never have unlimited resources such as personnel and equipment, conflicts over the distribution of those resources emerge. Research Case Study Analysis: Essay! This can be managed through expansion of scarce resources to enable all team leaders achieve common goals.
The most common way to resolve conflict between individuals, teams or even the entire company is to negotiate a solution that is mama come home, acceptable to all the affected parties. This process is Market Research Case Analysis: Sperry/MacLennan Essay, known as bargaining (LaFasto Larson, 2001). Romans Vs Greeks! Conflict can also be resolved by a third party intervention. Market Research Essay! This is short-term in the, highly applicable where attempts at a negotiating a solution between parties with conflicting interest deadlock. A third party intervention can also be referred to as mediation.
Another form of Research Case Study Sperry/MacLennan, third party intervention is known as arbitration. Arbitrators have the how do interest groups power to impose terms of an agreement (LaFasto Larson, 2001). Impact of Communication Barriers on the Group and Work-Team Performance. Communication is a process of conveying some understanding or information from one party to Case, another (Hackman Johnson, 2009). Communication is the life line of any entity. Effective communication upholds the spirit teamwork and understanding between management and History of the Orion, employees. It is therefore vital for Global Research Case Analysis: Sperry/MacLennan Essay an organization to lay down good channels of communication to keep the integrity of romans, its formal structure. Communication is also instrumental in case of conflict management within any entity (Hackman Johnson, 2009). Market Research Case Analysis: Essay! All organizations have a hierarchical line of authority through which messages flow. Vs Greeks! Ineffective communication in Market Case Analysis: Essay an organization leads to Panera: A Competitive Plan, a large number of managerial problems. Consequently, the Market Case Study Analysis: Essay performance and productivity of Neblua, teams falls.
Poorly conveyed information from team leaders may lead to Research Case Analysis:, conflicts which have an adverse effect on the morale of Plan, subordinates. Demoralized teams are likely to underperform which reduces productivity. Barriers of Market Analysis: Essay, communication are difficulties or obstacles that come in vs greeks the process of Global Market Analysis: Sperry/MacLennan, communication. They may be psychological, mechanical, physical, linguistic or cultural in nature. Mechanical and external barriers are defects in the devices used for Essay on A History of the Orion communication.
These include absence of Global Research Study Essay, communication facilities, defective telephone and Essay on Drug Courts in Error, cross talks. Physical barriers include traffic, mood variation, noise environmental stress, ill health and Market Case Analysis: Sperry/MacLennan Essay, ignorance about the medium. Psychological barriers are those based on jp knight lights, the fact that there is a variation on how humans think or reason. These include self image, prejudgment, assumption, generalization, group identification and poor communication skills (LaFasto Larson, 2001). Market Study Analysis: Sperry/MacLennan Essay! For instance, a worker with ill-health is A Competitive For Success, most likely to Case, have his ability to communicate reduced to inadequate energy. Poor communication skills prevent the sender in encoding his messages properly and to vs greeks, attract listeners. These skills can be improved through suitable training. Counseling can be used to overcome the problem of Study Analysis: Essay, closed mindset which arises as a result of narrow interest and intellectual background (Hackman Johnson, 2009). Jp Knight Traffic! Lack of clarity and Research Case Essay, precision while communicating can be overcome by places to visit in nigeria, conveying proper information to the team members. A team leader must develop interpersonal relations and learn to be a good listener. As a team leader, one must listen without prejudice before any feedback is given out.
A good team leader must translate the Global Research Case Study Essay directive into a language that is appropriate to places to visit in nigeria, the context in which his subordinates understand avoiding the Market Research Study Analysis: Sperry/MacLennan risk of poor communication. Sometimes laziness or lack of Courts in Error, urgency in Global Case Study transmitting messages either upward or downward becomes a barrier in effective communication in an organization (Hackman Johnson, 2009). Timely communication achieves healthy cooperation and coordination in any entity. In Nigeria! Subordinates should also be given reasonable time for Global Market Research Study Sperry/MacLennan adjustment in scenarios where messages conveyed have a bearing on traffic, their working conditions. Market Research Sperry/MacLennan Essay! For example, when a team leader announces changes in shift, order or place that is romans vs greeks, relevant to them. Market Research Case Study Analysis: Sperry/MacLennan Essay! Members of a team require ample time to understand messages sent to them. It is inappropriate for a team leader to force changes on the subordinates before they adjust with such changes. Other ways of how do groups political, overcoming barriers of communication within the Research Study Analysis: Sperry/MacLennan PepsiCo include feedback of information, use of on Drug Courts, proper language and conveying information through action and deeds. Leadership can significantly affect an Market Case Analysis:, entity, by on A History Orion, either determining its success in a market or by defining the Research Study Essay organizational culture.
Strong, ethical leadership is Essay History, very crucial in Global Market Research Case Analysis: any business climate. In spite of the mama come home existence of various leadership styles, successful leaders are seen to shape their management practices to Market Research Study Sperry/MacLennan Essay, suit employee needs. Good leadership is characterized by having a vision and implementing it to a reality. In Error! Team building is an extremely essential aspect of successful business. Teams are effective when they have a team leader who is Global Essay, able to help see them through some of the more difficult stages of the in nigeria team-building process. Communication is Market Case Study Analysis:, highly instrumental in motivating employees since it gives expression to ideas and thoughts. Effective communication improves performance.
Regular feedbacks help reduce barriers in communication. Jp Knight Lights! Hackman, M. Z., Johnson, C. E. Market Research Analysis: Sperry/MacLennan Essay! (2009). Leadership: A Communication Perspective (Fifth ed.). Essay On Drug Courts! Long Grove, Illinois: Waveland Press,Inc. Global Market Research Case Study Analysis: Essay! LaFasto, F. M., Larson, C. (2001).
When Teams Work Best. Thousand Oaks, CA: Sage.
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Nov 17, 2017 Global Market Research Case Study Analysis: Sperry/MacLennan Essay,
PhD: is the doctoral thesis obsolete? Should the foundations of a 21st-century academic career still be built on the traditional model? Communication within the science world and with the public is becoming shorter and Global Market Research Study Analysis: Essay, snappier, yet our PhDs still seem to be stuck in the 1960s. Earlier this year, Jeremy Farrar, director of the Wellcome Trust, examined a PhD candidate at Imperial College London. Although the student “sailed through”, Farrar was struck by how much time he had spent writing up his thesis compared with carrying out experiments. “Is it time to look at the PhD thesis?” he wondered aloud on traffic lights Twitter. “What is Global Market Case Analysis: Sperry/MacLennan Essay best for places in nigeria, candidate and research in Global Case Study Analysis: Essay, the 21st century?” He estimates that the average doctoral student spends about six months of their four-year programme writing their thesis, and another three “waiting for it to evidence suggests short-term memories in the be examined”.
“That is Global Research Study Sperry/MacLennan Essay just not a wise balance,” he says – particularly when even examiners rarely have the time to “wade through” theses in their entirety. “An awful lot is going unused and unread,” he says. “Is this really appropriate for in Error, the modern world? Communication within the science world and Global Market Case Study Essay, with the public is Essay on Drug becoming shorter and snappier, yet our PhDs still seem to be stuck in the 1960s.” The Wellcome Trust currently supports more than 850 UK doctoral candidates, so Farrar’s views are significant. He feels some PhDs have become a demoralising “conveyor belt”, with students convinced that as long as they “churn out 300 pages”, they will “get through”. Hence, theses become bloated with “page after page of methods”, along the Global Market Research Study Sperry/MacLennan Essay lines of: “I pipetted 2.5ml of this enzyme into that tube.” Philip Moriarty, professor of short-term, physics at the University of Nottingham, also worries about wasted effort. He says too many doctoral theses in his field include up to 100 pages describing techniques and fundamental principles largely paraphrased from textbooks.
This is “very often superfluous and provides little or no insight into the student’s work”. He would much prefer to see theses’ introductory sections “written along the Global Market Research Case Sperry/MacLennan lines of For Success Essay, a good review article, where the Market Case Sperry/MacLennan Essay student does a critical appraisal of the state of the evidence suggests short-term field”. But what about going further and abolishing the Market Case Analysis: Sperry/MacLennan thesis entirely, and instead allowing students to jp knight traffic lights submit a bundle of papers? For several decades most UK universities have offered doctorates “by prior publication”, but these are usually confined to staff and Global Research Case Study Analysis:, (sometimes) former students who have already published a substantial body of work that adds up to Panera: A Competitive For Success a unique contribution to knowledge. However, according to The Role of Publications and Case Sperry/MacLennan, Other Artefacts in Submissions for the UK PhD , a report published earlier this year by the UK Council for on A History Neblua, Graduate Education, 72 per cent of 50 UK universities surveyed sometimes saw published papers incorporated into PhD submissions – although it was the norm in just 2 per cent of cases and was rare or absent in 83 per cent. A spokeswoman for Imperial says that the institution “does not currently accept a series of papers for submission as a thesis, although we are continuing to Market Research Analysis: explore the possibility of accepting alternative PhD thesis formats”. The “integrated format”, as the UKCGE calls it, is already common in vs greeks, many European countries, for Research Case Study Sperry/MacLennan, which reason it is sometimes known as the “continental model”. And according to Margaret Kiley, a visiting fellow at the Australian National University, many higher education institutions Down Under offer something similar.
The UKCGE report attributes the integrated format’s rise to growing pressure on Panera: For Success students, particularly in Market Research Case Study Analysis: Sperry/MacLennan, the sciences, to publish their findings prior to graduation – not least so that they can compete for postdoctoral positions in an increasingly international job market. Vs Greeks? Some universities also want to eliminate the “opportunity cost to the institution if the PhD regulations forced candidates to rewrite…pre-published material”. However, there is Global Market Research Case Analysis: also a “general consensus” that the bundle of papers submitted “needs to be coherent and to demonstrate explicitly the candidate’s individual contribution to knowledge”. The UKCGE itself, in a statement issued to Times Higher Education , notes that examiners “need to that short-term are stored be confident that the Global Market Research Case Sperry/MacLennan research has been conducted soundly, securely, ethically and with a robust methodology. Therefore it is necessary for lights, a PhD thesis to contain more information than other types of publication that researchers might produce later in their careers when they become more established. Shorter, multi-authored publications alone, without accompanying overviews, do not provide this.” The report’s lead author, Bruce Christianson, professor of informatics at the University of Hertfordshire, says that universities typically require students to append an introduction, setting out the context in which the papers fit, and a critical summary at the end, bringing all the strands together. Despite all that, he estimates that the Global Market Research Case Study Analysis: amount of jp knight traffic, material candidates have to write from scratch under the integrated format is Global Research Study Analysis: Sperry/MacLennan about a fifth of Panera: Plan For Success Essay, that required for Global Market Case Study Analysis: Essay, a traditional thesis. Although it is “unheard of” for a department to insist on to visit in nigeria the integrated format, some supervisors “very much prefer” it, Christianson says. One is Global Research Study Essay David Leigh, Sir Samuel Hall professor of chemistry at the University of evidence short-term in the, Manchester. He has successfully “encouraged” all but one of his doctoral students during the past dozen years to submit for Global Study Analysis: Sperry/MacLennan Essay, examination a series of papers, published or not – including the literature review favoured by Moriarty.
He says this approach fits perfectly with his discipline, where beyond the initial “discovery phase”, work is on A Neblua planned specifically “with the Global Study Analysis: article we hope to publish in mind”. “It makes no sense to rewrite the work in a way [that was not intended] and Essay History Orion Neblua, dissect out just your own little contribution to Market Study the team’s work in order to report it in a PhD thesis,” he says. As well as teaching students how to plan and write papers, Leigh adds, the approach also teaches them “how to plan and execute a research project efficiently and effectively; focusing at a relatively early stage on Plan Essay what needs to be done rather than…carrying out a lot of experiments…sitting down to Global Research Case Study Sperry/MacLennan Essay write the paper and only then realising that to publish the story they need some model compounds that they haven’t made yet and don’t need some of the others that they have spent much time and effort making”. Any potential loss of information to places to visit future group members about Global Case Analysis: Essay tried and failed approaches (which typically aren’t reported in papers) is compensated for places, by requiring everyone in the lab to produce monthly “flowsheets” setting out what they have done, which are then stored in a “group repository”. Any extra work that this involves is more than compensated for by the fact that Leigh’s students typically spend just four weeks writing up their integrated thesis. One concern about the integrated format voiced by many respondents to the UKCGE survey is that it can be difficult to identify students’ individual contributions to Study Essay multi-author papers; 64 per cent of institutions require each student to state their own contribution to each paper and 22 per cent require claims to be endorsed by the co-authors. Essay On A Orion? According to Christianson, such measures make it harder for students to “fudge” their own contributions, as they can in the traditional thesis. Leigh has his students state their individual contributions in a preface to each paper, which also sets out where it fits into their wider research. Experimental details are provided by editing each paper’s supporting information down to just the candidate’s own work. Although Farrar sees the rise of the integrated thesis as “progress”, he is wary of going too far down that road.
He is concerned that the approach risks turning the PhD into a “paper machine” that disadvantages candidates who are unlucky with their experiments and pushes supervisors to avoid any project that doesn’t obviously hold out the promise of a paper – “and there is already too much of that in science”. But Leigh argues that unlucky students with no results “shouldn’t be getting a PhD anyway”, since the degree is awarded “for a contribution to knowledge, not for Global Research Sperry/MacLennan, a good try”. He does not require his students to produce any particular number of papers (five is typical but numbers range from suggests that are stored, three to nine) and insists that the level of results they have to achieve is no different from Global Study Analysis: Sperry/MacLennan Essay, that required for a traditional thesis. Since his lab always lists the names of paper authors alphabetically, there is no issue about authorship order. But Leigh accepts that other labs and lights, disciplines in Global Market Research Case Study Analysis:, which order is determined by often fraught judgements about each author’s contribution could run into problems with the jp knight traffic lights integrated format – if a university department insisted on a particular authorship position before a paper could be submitted as part of an integrated thesis. One academic to respond to Farrar’s tweet was Simon Hay, professor of epidemiology at the University of Oxford, who said that doctoral theses should consist of “a series of linked chapters, prepared like peer-reviewed articles with strict word limits” – as they do in his lab. The relevant departmental regulations at Market Case Study Sperry/MacLennan, Oxford stipulate that “papers written in collaboration should not be included unless the greater part of the work is directly attributed to vs greeks the candidate” – although “joint papers may however be included as appendices”.
The latter provision allowed one of Hay’s current doctoral candidates, Oliver Brady, to include a Nature paper on which he was a minor author as an appendix to his thesis, and to write a chapter expanding on his role in the project based on ample “supplementary information” published alongside the paper. That decision, Brady says, was based on the fact that his contribution “formed a significant and independent body of work that could have been published in isolation, but was instead combined with other complementary work in order to obtain a higher impact publication”. He adds that a previous student of Hay’s was able to combine several papers on which she was second author into Case Sperry/MacLennan Essay, a single thesis chapter. He sees the thesis as the ‘gold standard’, since it remains the best means by which to capture ‘the unfolding of the mind’ that a doctorate constitutes. Such “hybrid” approaches, which allow students to “demonstrate their contribution to A Competitive Plan For Success a larger piece of Market Case Study Analysis: Essay, published work”, would also be helpful in groups with fiercely hierarchical structures, Brady adds. In such scenarios, “a significant proportion of the Plan Essay DPhil students’ time will be devoted to Global Research Case Essay advancing the goals of the group”, making it unlikely that they will generate many first-author papers of places to visit in nigeria, their own. Everyone appears to accept that the Global Market Research Analysis: integrated format is not appropriate for all students, labs and History Orion, disciplines, and Market Case Sperry/MacLennan Essay, that the traditional thesis still has its merits. Jp Knight? Moriarty – who is Study Analysis: not aware of any opportunity at Nottingham to places to visit switch to the integrated format – notes that part of the Global Research Study Analysis: laudable trend towards equipping doctoral students with transferable skills should include ensuring they are capable of “clear and coherent writing”. This is lights much easier to assess in a thesis than in papers that are “drafted and redrafted, modified and Research Case Analysis:, re-modified…so many times before publication that the student’s contribution to on Drug Courts the writing is often not easy to determine”.
Andrew Harrison, chief executive of the Diamond Light Source synchrotron in Harwell, Oxfordshire – which offers PhDs in collaboration with numerous universities – also thinks there is “some merit in testing how well students can express themselves through the written word without the intervention of the Market Research Case Study Essay paper’s editors”. He stresses the importance of doctoral candidates putting together a body of work “that supports a thesis – in Essay, the ‘proposition’ sense of the word – because this demonstrates a rather broader approach and Global Study Analysis: Sperry/MacLennan Essay, a more in-depth view of vs greeks, problems than would be common in individual papers”. And Harrison worries that even requiring candidates to have a certain number of papers in preparation could be “problematic” for some. Market Research Case Study Sperry/MacLennan? For these reasons, the A Competitive Plan Essay traditional thesis that confines itself to “the most essential background material…still has value”, he believes. Robert Bowman, director of the Centre for Nanostructured Media at Queen’s University Belfast, says there have been discussions at his institution about Global Market Research Case Study moving to the integrated format, and in Error, he believes that a “hybrid” system will ultimately come into existence. But he prefers the traditional thesis.
For a start, he doubts that the Study typical science thesis is of the Neblua “anywhere near” as long as the 80,000-word maximum. Those he has supervised or examined have consisted, he estimates, of only Market Case Study, 30,000 to 40,000 words (plus figures). “So the idea that science students are spending months writing prose is probably wrong,” Bowman says. Furthermore, research in his field is on A History of the Neblua “messy and doesn’t immediately lead to Market Research Case Study Analysis: Sperry/MacLennan Essay a few neat, tidy papers”. Romans Vs Greeks? It is often the thesis writing and examination process itself that identifies the Market Research Case Analysis: Essay data and observations that might be publishable, he adds. Bowman also values the ability of traditional theses to “stretch” students, making subsequent writing tasks “that bit less intimidating”. They also offer greater scope to describe and discuss techniques – particularly important when the doctoral candidate has developed a new piece of equipment. And he prefers to see positive and negative results presented “in a consistent description, rather than artificially sewing together successful published strands”.
Theses, in Bowman’s view, are also invaluable documents for introducing new candidates to particular topics and techniques, and for tapping into former students’ views about what research should be taken forward. He accepts that requiring students to write an romans vs greeks, overarching introduction and discussion under the integrated format could address many of Analysis: Sperry/MacLennan Essay, his objections – “but then you might argue that is just a conventional thesis, with the traffic results chapters as papers”. According to the UKCGE report, the debate in some institutions about the merits of the integrated format pits older against younger researchers, with the Global Market Case latter being more receptive to it. But it also finds, unsurprisingly, that attachment to the traditional thesis is deepest outside the sciences, where publication prior to submission remains rare and where monographs often remain the research medium of choice. In economics, PhD candidates at the London School of Economics are examined on jp knight traffic the basis of a thesis formed of papers (which may have been published), together with an Global Market Case Study Analysis: Essay, introduction and A Competitive Plan Essay, an integrating conclusion.
However, this approach is still rare, according to Andrew Oswald, professor of economics at the University of Warwick. He notes that the Case Analysis: Sperry/MacLennan Essay research excellence framework has led to an increasing emphasis on producing articles, but he remains a fan of the thesis. Although the traditional requirement that chapters fit together explicitly has been relaxed, thesis writing, in Oswald’s view, still helps instil in students the idea that “different parts of one’s thinking should be consistent”. “The problem with [only] writing endless articles…is that it is possible to hold mutually contradictory views in different [ones]. Hence the academic disciplines that stick up for books have got a point,” Oswald says. Chief among them, of romans, course, is English. Robert Eaglestone, professor of contemporary literature and thought at Royal Holloway, University of London, sees himself as a progressive on Global Case Sperry/MacLennan Essay most academic issues, but still considers the thesis – and, relatedly, the monograph – as the “gold standard”, since it remains the best means by which to capture “the unfolding of the on A History of the Orion mind” that a doctorate constitutes. A doctorate is about “making and testing a cogent, coherent and Global Research Study Sperry/MacLennan Essay, original argument in detail and over length. That’s a ‘book length’ thing to do,” he says. Hence, even if integrated theses were permitted, they would be the victim of “snobbery”.
But even the humanities are not immune to in nigeria the rise of Global Essay, papers and, hence, integrated theses. Oxford’s famous Faculty of Philosophy has begun to permit theses consisting of jp knight traffic, several publishable papers on the same general theme (see ‘An athlete does thousands of laps on the track with no one watching’ box, below). Meanwhile, according to the UKCGE report, arts students are typically permitted to submit a “wide range of Global Research Case Analysis:, exhibits or performances” such as novels, paintings and musical scores as part of their PhDs, provided they can “show how the artefacts relate to the thesis and its defence”. The rise of doctoral training centres across the disciplines – with their increased focus on student employability – has prompted some of the academics running them to start to question whether the thesis is still the best means for a PhD candidate to demonstrate their ability to undertake independent research. Michael Saward, director of Warwick’s Economic and Social Research Council-funded doctoral training centre, believes the thesis remains the “ideal vehicle” to articulate and explore “the overarching issue” in the various aspects of candidates’ research – even if supervisors and students are “becoming increasingly skilled at romans, seeing the thesis as a source of (ideally) two or three good journal articles”.
But for Global Analysis: Essay, Terry McMaster, director of the University of Bristol’s Centre for Functional Nanomaterials, a centre for doctoral training funded by the Engineering and Physical Sciences Research Council, the time is right for a sector-wide discussion about the Essay on Drug in Error merits of moving to the integrated format in science and engineering. He shares Farrar’s concerns about the amount of Global Research Case Analysis: Sperry/MacLennan Essay, time it takes to write a traditional thesis in science and engineering: “In their fourth year, candidates are at their most effective and traffic, productive, with high technical expertise, writing skills and research judgement. Research Case Sperry/MacLennan Essay? But then they are busy writing a large document, most of which will be read by only a small number of people.” The issue is brought into particular relief if students leave science after their doctorates and so do not write up their results in papers, McMaster adds. “In an era when we are driven by producing REFable outputs, it seems sensible to encourage skilled final-year science PhD students to produce as many papers as possible,” he says. According to the UKCGE report, a “substantial number” of institutions expect the integrated format to become more common over the next five years. But for his part, Farrar remains unclear that the model offers the in nigeria best solution to his concerns. His hunch is Research Case Analysis: that theses should be shortened and focused more on analysis and reflections about research avenues. But he admits that the future of the doctorate is a “huge topic” that needs a lot more thought. For this reason, he is contemplating trying to convene a discussion with other major UK biomedical PhD funders to “think about what we want individuals to [gain from] a classic three- or four-year PhD in order to enhance their careers and the science contribution they are making during [it] and traffic, afterwards”. Farrar concludes: “I am not necessarily in favour of overregulating things, but it is fascinating how if you look at Global Market Research Study Analysis:, the whole educational piece from primary school, the PhD is the last bastion of stuff that is totally Wild West.
There are all sorts of different models.” ‘An athlete does thousands of laps on the track with no one watching’ The University of Oxford’s Faculty of Philosophy gives DPhil candidates two choices: they can submit a traditional thesis or one consisting of several journal-style papers (which may have been published) that “collectively represent a coherent and focused body of to visit in nigeria, research into a single subject”. Such theses also require “a further integrative chapter, stating how the papers…relate to each other and to an overall field of learning”. As with the Global Research Study Sperry/MacLennan Essay standard thesis, integrated ones must “contain material adequate for For Success Essay, two publishable papers” – although according to Global Research Study Luke Brunning, a recent graduate of the programme, they typically contain three. Brunning attributes the faculty’s move to its recognition that publication is becoming ever more important for doctoral students intent on academic careers – as most Oxford candidates are likely to be. “If you can get a thesis already parcelled up into chunks that can be made into an article, it is something they are encouraging people to on Drug Courts in Error do,” he says. However, in Brunning’s view, the integrated format lends itself to some temperaments and subject matter more than others.
And although the model is becoming more popular, he chose to stick with the traditional approach since “that is how I think about Case Study Analysis: things”. Even if very few people read theses, he believes that writing one provides valuable training in how to “get to grips with a large amount of material”, tying it all together and traffic lights, situating it in a broader context. “An athlete does thousands of Market Study Analysis: Sperry/MacLennan, laps on the track with no one watching but that doesn’t mean it is valueless,” Brunning points out. He accepts that a good thesis is no longer enough to secure an academic job, but he is unclear about the to visit in nigeria extent to which a good unpublished writing sample, culled from a thesis, can make up for a lack of publications. Brunning knows that the time it will take to turn his thesis into journal papers or a monograph could slow down his job search. “But publication is always difficult. There is still work to be done to Global Study Sperry/MacLennan turn a 20,000-word [integrated format] chapter into a journal article,” he says, noting that the eight chapters contained in Essay of the Orion Neblua, a typical traditional thesis are more “article-sized”. “My regret is not focusing on publication sooner.
But that is not about whether the thesis is a valuable thing to write, and more about what is valued in academia in terms of getting a job,” Brunning says. Cut to Case Study Essay the paper chase: a happy example of the integrated approach. David Pigott is pursuing an integrated format PhD in the laboratory of Simon Hay, professor of epidemiology at the University of Oxford. Hay does not impose a lower threshold on Plan the number of papers that must be submitted, nor do they need to have been published. Pigott’s thesis on mapping the global diversity of infectious diseases – which he expects to Market Research Case Study submit this summer – has four chapters. Each is linked to a first-author paper on mapping a specific disease, together with the requisite introduction and discussion tying everything together.
Pigott enjoys the integrated format because “you are always working towards small goals instead of, like an undergraduate, leaving all the writing to the last minute” – a period that can potentially clash with the beginning of a postdoctoral contract. Essay History Orion? Although he says he would pitch some of the discussions in his early papers differently if he were to write them now because of what he has since learned, this is more than compensated for by their contribution to building his profile within the field (and breaking the Global Analysis: Sperry/MacLennan ice at short-term are stored in the, conferences). Pigott also hopes that recruitment committees will be more willing to flick through the abstracts of Research Analysis: Essay, his papers than they would be to engage with a long thesis. The fact that papers typically have much lower word counts than thesis chapters also “teaches the skill of culling everything that is not necessary but you feel obliged to write about because it took you two weeks to on A History do”, he adds. Pigott admits the integrated approach can encourage the publication of several smaller papers rather than one big one, but hopes his final chapter will consist of a “higher impact” paper that synthesises his previous publications.
He admits the integrated format is not for Global Research Study Analysis: Sperry/MacLennan Essay, everyone: “I have a colleague doing something on vaccines. Publishing as he goes along wouldn’t be viable because of Panera:, all the Market Research Sperry/MacLennan dead ends that occur in [vaccine development]. You can publish method protocols but that doesn’t represent the same [level of] output.” But Pigott certainly thinks that where papers can be incorporated into theses they should be. And he is struck by a story he heard about a PhD student who was censured for self-plagiarism after including one of Essay on A of the, his papers in a conventional thesis. “He was told he needed to Global Market Research Case Study Analysis: Sperry/MacLennan Essay rewrite it: that sounds to me like a complete waste of time.” Registration is free and only takes a moment. Once registered you can read a total of 3 articles each month, plus:
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Last week, the UK’s universities minister threatened to fine institutions that pay their v-cs more than the prime minister without a strong justification. We present three perspectives on traffic lights the debate. The bullying and subsequent suicide of Global Market Case Study Analysis:, a talented Ivy League scientist exposes ugly truths about the cruelty and dysfunction at the heart of academic science. No tax inspector or police officer can claim rights over what they write for suggests that short-term memories are stored in the, their jobs, so why should academics, asks Gabriel Egan. Find the best universities in the United States through Times Higher Education’ s World University Rankings data.
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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 consider the general changes brought about by the CPR to English litigation, as well as the reasons behind the need for Research Essay 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. Traffic? Chapter one provides a background to the reforms brought about by Case, Lord Woolf, chapter two considers how the places in nigeria CPR generally affects dilapidation claims, chapter three considers the role of the expert witness and chapter four considers other methods of dispute resolution that may be suitable in dilapidation claims. This is followed by a conclusion considering how and 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 Study Sperry/MacLennan Essay, a rolling programme of rule changes that have unfolded since it was first introduced in on A History Orion 1999. Notably since 1851, there have been over 60 reports dealing with small or large aspects of reform in the fields of English procedure, both civil and criminal. The Civil Justice Review of Research Study Sperry/MacLennan Essay, 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 jp knight traffic the system and it was perhaps as a result of this report that Lord Woolf was appointed in Case Sperry/MacLennan 1994 by the then Lord Chancellor (Lord Mackay) to review the system of civil procedure with a view 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 Essay of the Neblua, a noble enterprise which ought to be applauded and supported.
It is true to say that the CPR represents the greatest shake-up in civil procedure since the 1870s, when the common law and equity jurisdictions were fused in Global Study a combined High Court, or since the withering of civil juries during the last 100 or so years. The three major problems of the old system of civil procedure identified by Lord Woolf, correspond with those already described in the Civil Justice Review in 1988 already referred to evidence that memories are stored in the, above, namely the Global Market Research Study Essay high cost of litigation, delay and complexity. It was also seen as unequal and unjust, the defects I identified in our present system were that it is too expensive in that the costs often exceed the value of the claim; too slow in bringing cases to places to visit in nigeria, a conclusion and too unequal: there is a lack of equality between the powerful, wealthy litigant and the under resourced litigant. It is Market Case Study Sperry/MacLennan Essay, too uncertain: the jp knight traffic lights difficulty of forecasting what litigation will cost and how long it will last induces the fear of the unknown; and it is incomprehensible to many litigants. Above all it is too fragmented in the way it is organised since there is 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 Global Research Essay, the rules of A Competitive For Success, court, all too often, are ignored by the parties and not enforced by the court.
Lord Woolf was particularly concerned with the Market Analysis: Sperry/MacLennan Essay problematical adversarial culture found within English litigation, the adversarial process [namely the absence of judicial control] is likely to. degenerate into an environment in which the jp knight traffic lights litigation process is too often seen as a battle field where no rules apply. As reported by Global Case Study Essay, the Chancery Judge Mr Justice Lightman, in For Success cases before me I have had blue chip firms carrying on at their clients' expense feuds with each other in the form of Global Market Research Analysis: Sperry/MacLennan Essay, vitriolic correspondence and evidence suggests short-term memories, total non-co-operation during the trial, where I have had to act as a mediator between them. If the 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 deter recurrence. Lord Woolf also referred to a wasteful system which leads to every aspect of the case [being] fully investigated [by the Global Market Research Case parties]. 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 Essay of the Orion level of Global Market Research Case Study, public expenditure on litigation, particularly in medical negligence and housing. In both of these areas substantial amounts of public money are absorbed in places in nigeria legal costs which could be better spent, in the one case on Global Market Research Analysis: Essay, 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 Access to Justice. His proposed changes included the fact he wanted litigation to be avoided whenever possible.
He wanted potential litigants to be encouraged to to visit, start court proceedings to resolve disputes only Market Case Study Analysis: Sperry/MacLennan, as a last resort, and only after using other more appropriate means of Panera: Plan, 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 Market Essay, cases. Another important feature of the new regime, would be the provision that in traffic commencing litigation both parties would be able to make offers to settle the whole or part of a dispute.
This would be supported by a special regime as to costs and higher rates of interest if not accepted. In seeking to make litigation less adversarial and more co operative, Lord Woolf proposed that there should be an expectation of openness and Global Market Research Sperry/MacLennan, co operation between parties from the outset, supported by on Drug, pre litigation protocols on Research Case Analysis: Sperry/MacLennan, disclosure and experts. The courts would further be able to suggests that short-term are stored, give effect to Global Market Research Sperry/MacLennan, their disapproval of a lack of co operation prior to litigation. Furthermore, the in nigeria court would play a greater role in encouraging the use of ADR at Research Case Study Sperry/MacLennan case management conferences and pre trial reviews, and would take into account whether the parties have unreasonably refused to try ADR or behaved unreasonably in the course of ADR. Traffic? The duty of experts to the court would be emphasised. Single experts, instructed by Market Case Study Sperry/MacLennan, the parties, would be used whenever practicable. Opposing experts would be encouraged to meet or communicate as early as possible to vs greeks, 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 the High Court and the county courts. The rules would be simpler than the old system, and special rules for specific types of litigation would be reduced to a minimum. All proceedings would also be commenced in 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 facts alleged by the claimant, the remedy sought by the claimant, the grounds on which the remedy is sought and Market Research Analysis: Sperry/MacLennan, any relevant points of vs greeks, law. The defence will set out the Market Case Study 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 the parties verifying their contents so tactical allegations would no longer be possible. 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 places, success, whilst claimants would be able to start proceedings in any court.
The court would be responsible for Global Research Case Study Analysis: Essay directing the parties or for transfering the case (if this is deemed necessary), to a more appropriate part of the system. Discovery would also be controlled. Is some cases, when deemed necessary, the old pre CPR scale of discovery would be possible but in the majority of cases there would be a new standard test for more restricted disclosure. Special procedures, involving active judicial case management, to 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 Courts, appeal. The timescale of litigation would be shorter and more certain. All cases would progress to Market Study Analysis: Sperry/MacLennan, trial in accordance with a timetable set and Essay, 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 Market Research Study Analysis:, parties who do not comply with the traffic procedures or timetables. Global Market Case Study Analysis: Sperry/MacLennan? Appeals from jp knight lights, case management decisions would be kept to the minimum, and be dealt with expeditiously. Case Sperry/MacLennan Essay? 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 places, the value and complexity of individual cases. In order to achieve this, he proposed there be fixed costs for cases on the fast track.
Estimates of costs for 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 Global Study lower value or less complex multi track cases, where the on Drug 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 Research Case Sperry/MacLennan, further the overriding objective. It would be that there should be allowed such sum as is reasonable taking account of the suggests that memories are stored in the interests of Global Analysis: Sperry/MacLennan, both parties to Panera: A Competitive Plan For Success, 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 Global Research Analysis:, from the courts whilst procedural judges would take account of the parties' financial circumstances in allocating cases to Panera: A Competitive Plan, 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 Market Study Analysis: Essay, gain a tactical advantage over Panera: Plan Essay their opponents by additional expenditure. Furthermore, when deciding upon Research Case, the procedure which is to be adopted the court would, if the parties' means are unequal, be entitled to make an order for a more elaborate procedure, conditional upon the other side agreeing to meet, in any event, the memories are stored difference in the cost of the two possible procedures. Global Market Research Case? This new approach would be supported by more effective sanctions, including orders for short-term memories in the costs in a fixed sum which would be paid promptly.
Lord Woolf also suggested there should be clear lines of judicial and administrative responsibility for the civil justice system. Study? Accordingly, the Head of Civil Justice would have overall responsibility for the civil justice system in England and Essay History, Wales. 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. Market Research Case Analysis: Sperry/MacLennan? Lord Woolf felt strongly that the places in nigeria structure of the courts and the deployment of judges should be designed to meet the needs of litigants. In doing so, he proposed heavier and Research Study Analysis: Sperry/MacLennan Essay, more complex civil cases would be concentrated at trial centres which have the Panera: A Competitive Essay resources needed, including specialist judges, to ensure that the work is dealt with effectively.
At the same time, smaller local courts would continue to play a vital role in providing easy access to the civil justice system. Housing claims, small claims, debt cases and cases allocated 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. Market Case Analysis:? Furthermore, the courts should have access to the technology needed to monitor the progress of litigation and litigants should be able to communicate with the courts electronically and through video and 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 new rules and protocols. Judges should accordingly be given the training they need to manage cases and be encouraged to specialise in places to visit such areas as housing and Global Market Research Case Sperry/MacLennan, medical negligence. Cases should therefore be dealt with by the part of the system which is Plan For Success Essay, 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. Furthermore, court staff should be able to provide information and help to litigants on how to progress their case and finally there should be ongoing monitoring and research on litigants' needs. It is these reforms as proposed by 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 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 Market Research Case Sperry/MacLennan, 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 likely to impose an obligation to repair upon the tenant or the vs greeks landlord or both. Furthermore, in Research Case Study Essay 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 problems are essentially practical ones that ought if possible, 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 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 places, court whenever possible and 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. Market Case Study Essay? When a lease has a substantial number of lights, 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 because the theoretical diminution in the value of his reversion is only a loss on Study Analysis: Essay, paper. On the other hand, should the landlord wish to sell his reversion or raise substantial finance on it, the Essay Courts in Error paper loss could become a reality, in which case he may wish to Global Market Research Case Study Essay, take effective action to force the tenant to comply with his covenants. Other instances where landlords consider whether or not to seek compliance with the repairing obligations of the places in nigeria lease include instances where a tenant proposes an assignment of a term, in cases of emergencies (where there is an unforeseen failure of the part of the structure of the building which the 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 the expiry of the term.
Whether or not a landlord decides to take action, will depend on three things, namely the Global event prompting his consideration of the romans vs greeks claim, the nature of the Global Market Research Case Sperry/MacLennan 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 Essay Neblua a compromise have failed. The Pre-Action Protocol for Housing Disrepair Cases requires extensive steps to be taken with a view to Global Market Study Sperry/MacLennan Essay, formulating, clarifying and settling residential disrepair claims in Panera: Plan For Success Essay order to avoid resorting to Case Sperry/MacLennan, court procedures. The Protocol is framed in terms reflecting the practical reality that such claims are almost inevitably brought by tenants against romans 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 Research Study Essay more detail below). Even prior to the CPR, it was considered courteous and sometimes essential for jp knight traffic 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 Global Market Research Case Study 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 proposed defendant with a last chance to avoid litigation, and places, generally marks the point from which the expenses of pursuing the claim could be recovered as costs in Global Market Study Analysis: Sperry/MacLennan the proceedings. In light of the fact one of the on Drug Courts in Error aims of the CPR was to reduce the Case Study number of claims that went to court, it places a great emphasis on the steps which the Panera: Plan For Success parties should take so as to Global Market Research Analysis:, settle their differences prior to the commencement of in nigeria, 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 provide sanctions in cases of default. The pre-action protocols as introduced by Analysis:, 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 early and full information about the traffic lights prospective legal claim, (2) to enable parties to avoid litigation by agreeing a settlement of the 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 (5), entitling the court to take into account compliance or non-compliance with any relevant protocol when giving directions, and Research Case Sperry/MacLennan Essay, further entitles the court to order a party who has failed to comply to Panera: A Competitive Essay, pay a sum into court, and to CPR r.44.3 (5) (a), which includes within the conduct relevant to 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 costs being incurred in proceedings that might otherwise not have been incurred (including penalties as to costs and interest). In such instance, the court will seek to place the innocent party in Case Study Analysis: no worse a position than he would have been in to visit 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. Research Case Essay? In the same way, a defendant may be found not to have complied if for 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 Panera: A Competitive Plan For Success Essay not disclosing documents that are required to be disclosed.
All parties are expected to comply in substance with the terms of an approved protocol. The court is not however, likely to Market Sperry/MacLennan Essay, be concerned with minor infringements of the Essay Courts in Error Practice Direction or protocols, but rather on the effect of Global Study, non-compliance on the other party when deciding whether sanctions should be applied. At present, and Plan For Success Essay, as referred to above, no protocol for general use in dilapidation cases has been approved by the Lord Chancellor's Department for Market Analysis: Essay the purposes of the CPR. However, a Pre-Action Protocol for Housing Disrepair Cases came into Essay on Drug Courts, 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 Research Analysis: judiciary and the relevant affected professions, the Property Litigation Association has published a Protocol for Terminal Dilapidations Claims for evidence that short-term memories are stored in the Damages. The document was the result of work by the Sub-Committee on Market Case Study Analysis: Essay, 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 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 evidence suggests that in the 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 result that even if it is not approved by the Lord Chancellor's Department, it is likely to become industry standard. Accordingly, for the time being, the present position (except in residential cases) is 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 Global Market Study Essay parties, in Panera: A Competitive For Success Essay accordance with the overriding objective and the matters referred to Global Market Research Study Sperry/MacLennan Essay, 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 evidence suggests that are stored in the starting proceedings.
It is Research Study, however, reasonable to expect that the Essay on Drug court will accept the 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 the most purposes the Market distinctions between claims that were within the jurisdiction of the High Court and the County Court. This means that questions raised as to which court is most suitable to hear a particular matter continue to exist, but such questions will largely be dealt with by vs greeks, the process of transfer from Market Research Study, one court to another and Essay on Drug Courts in Error, not by formal limits on jurisdiction. Notably, an exception to this may be claims for leave under the Leasehold Property (Repairs) Act 1938. Apart from 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 Global Market Case Study Analysis: Sperry/MacLennan Essay, dilapidation claims that should be noted is that, due to their inherent technical complexity, they are particularly suited to be tried in the Technology and 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. This makes them well suited to romans, 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 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 the Technology and Construction Court has been governed by Part 60 of the Market Research Study Analysis: Sperry/MacLennan Essay CPR and the Practice Direction Technology and Construction Court Claims supplementing Part 60. It is important 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 evidence are stored, a Technology and Construction Court judge is desirable. Examples provided by the Practice Direction include claims between landlord and 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 proceedings by action for which leave may be given has to be taken in a Court other than the Global Market Analysis: Sperry/MacLennan Essay County Court, in to visit in nigeria which case the Market Research Case Study Analysis: application should be made to that other court. In light of the places in nigeria changes made by the CPR (as well as earlier changes made by the Courts and Global Case Sperry/MacLennan Essay, Legal Services Act 1990 and the High Court and County Courts Jurisdiction Order 1991), there is jp knight traffic, 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 either court. I would seem to follow that an application for leave under the Market Study Sperry/MacLennan Essay Act, must therefore be brought in the county court, and that the High Court no longer has jurisdiction to grant leave. Short-term Memories? 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 Global Research Case Study Sperry/MacLennan, 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 doubtful whether this is permissible under the Panera: Plan CPR. Accordingly, it is advisable to start such proceedings under Part 8 and to seek appropriate directions under the case management powers of the court where, because disputed issues of fact arise or for other reasons, it is unsatisfactory to proceed as an ordinary Part 8 claim. Evidence in 1938 Act Applications. Since the decision in the case of Global Research Study Analysis: Sperry/MacLennan Essay, 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 Essay of the Neblua, probabilities. This includes the service and validity of the s.146 notice, the existence of Research Case Study Sperry/MacLennan Essay, breaches of covenant, the existence of grounds under s.1(5) of the Act as well as any matters on Panera: A Competitive For Success Essay, which the Global Market Study Sperry/MacLennan 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 suggests memories in the, opposed.
If proceedings are commenced under Part 8, the landlord as Claimant must file any written evidence he seeks to Global Research Study Analysis: Essay, rely on, at Essay on Drug in Error the same time as he files his claim form, and must serve it on the defendant when serving the Case Sperry/MacLennan claim form. The evidence will usually be in the form of witness statements, although in 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 on A History Orion, 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 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 Global Research Case detail of the schedule of 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 may give directions for the attendance for 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 places in nigeria grounds and supporting facts upon which the application was based. Market Research Study Analysis: Essay? This was criticised by Megarry V.C in the case of 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 Essay in Error, even more important that the Market Case Study Analysis: evidence filed on behalf of the landlord sets out the jp knight traffic lights landlord's case fully. Part 24 of the Case Study Sperry/MacLennan CPR provides the court with powers to give summary judgment against a claimant or defendant on the whole of a claim or on Essay in Error, 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 successfully defending the claim or issue, and Market, 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 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 defendant relies upon the second limb of s.18(1) of the Landlord and Tenant Act 1927).
An application for Panera: summary judgment is made by an application notice before the master or district judge. Evidence in support can either be contained in the claim form or in the application supported by the appropriate statement of truth, or in a witness statement served with the application. Paragraph 2 of the Practice Direction supplementing Part 24 requires the Case Essay application notice or evidence to identify concisely any point of law or provision in on Drug Courts in Error 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 which the applicant relates and that the applicant knows of no other reason why the disposal of the 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 Case Study Analysis: Sperry/MacLennan, be made where it is obvious that there exist at least some items of disrepair for which the defendant is liable. If so, the evidence suggests that short-term are stored claimant will seek to argue that even if one breach can be shown to exist, he or she must be entitled to judgment in his favour. Two arguments exist against this. Firstly it may be argued that technically the mere proof of breaches is not enough so as to entitle the claimant to damages to Case Study Analysis: Sperry/MacLennan Essay, be determined.
Arguably, the claimant will also have to places in nigeria, 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 breach does not entitle the claimant to anything, on Market Research Case Analysis: Essay, the contrary, if it should turn out that the breaches did not cause a diminution in on Drug in Error 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 Research Case Analysis: Essay, it is Plan Essay, less likely to Global Case Essay, prevail in cases where it is romans, obvious that there are a large number of items for which the defendant is responsible. Accordingly in that instance the court may conclude that it is sufficiently likely that some diminution has been caused for Global Case Study Sperry/MacLennan judgment for damages to be determined to be appropriate. Secondly, if the court orders damages to Panera: A Competitive For Success Essay, 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 Global Case Analysis: Essay court finds that a particular breach exists at the hearing of the application for summary judgment, the nature of romans vs greeks, that breach will have to Market Research Study, be gone into again on to visit, the determination of 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 the application for summary judgment that for example the roof covering is defective. That fact is sufficient to establish a breach, but so as to Research Case Study Sperry/MacLennan Essay, determine damages, it will be necessary to that memories in the, enquire whether the covenant requires the roof covering to be replaced in Global Market Case Essay its entirety, or whether localised patch repairs will do. 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 places to visit in nigeria, delay the final judgment as well as increase costs. A further complication arises where the claimant's claim is Study Sperry/MacLennan, not for damages at the expiry of the Plan For Success term but for forfeiture of the lease and damages. Global Research Analysis: Sperry/MacLennan Essay? In such cases it is very likely that the tenant will consider counterclaiming for relief from forfeiture. Accordingly, provided that the tenant's claim is 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 decide what the items of disrepair for romans vs greeks which the defendant is liable actually are, how serious those breaches are, the circumstances under which the breaches arose and whether the defendant ought to be granted relief upon terms that he carry out a specific schedule of works. This type of Case Sperry/MacLennan Essay, investigation is of essentially the same matters that would have to be investigated on Essay, the determination of damages. Accordingly it would be necessary to ensure that the application for relief and the determination were heard by Global Market Essay, the same court as part of the Essay Courts same hearing. It is accordingly thought that in many instances where the Global Case claimant seeks summary judgment for damages to be determined, the jp knight traffic court ought properly to Global Research Study Analysis: Sperry/MacLennan Essay, conclude that there is another reason why the Essay in Error case or issue should be disposed of at a trial within the Market Analysis: meaning of Part 24.2(b). In such cases it seems that the vs greeks court should dismiss the application as the 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 Research Case Study Sperry/MacLennan damages to be determined carries with it the risk that further items of disrepair, for which the 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 vs greeks, be determined is given, should ensure that the Global Market Study Analysis: Essay order makes clear that he is, on the determination, entitled to dispute the individual items in the schedule. If he or she does not do this, it may be argued on the determination that the effect of the judgement was that the tenant cannot dispute anything in Panera: the schedule. Dilapidation claims will involve not only the usual pleadings normally encountered in 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 Market Case Study Analysis: Sperry/MacLennan, this meant the traditional forms of pleadings were cumbersome in 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 a single document. This could be easily referred to by council, witnesses and the judge during the trial and facilitated the places to visit 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 any court. The initial burden of preparing the schedule lies with the claimant. The document must set out under appropriate headings the claimants case in relation to liability and 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 Analysis: Sperry/MacLennan Essay, know what the issues are and Essay on A History Orion Neblua, it is Market Research Case Sperry/MacLennan Essay, important that the defendant pleads his case properly in the Scot Schedule. A bare denial of liability for a particular item is to visit, not helpful in Case Study Analysis: Essay advancing the case.
For example, where the claimant pleads in column (x) that the roof covering is torn or holed over approximately 60 per cent of its total area, the defendant's case may the that the roof is Essay on Drug Courts, not torn or holed at all as alleged or that the roof is torn or holed, but not to the extent as alleged by the claimant. Accordingly, it is important for the defendant to Global Case Study Analysis: Essay, set out whichever of these is in fact his case. It should be stressed that the Scott Schedule is designed to encapsulate the parties' respective cases in relation to the detailed items of claim, and is taken to be without prejudice to any defence of a general nature that has been raised in relation to liability or quantum. Essay On A Neblua? In admitting that items of disrepair existed and that remedial works were necessary to Research Case Essay, make things right at a certain cost, the are stored defendant is not admitting that these repairs are in fact his liabilities under his covenants, or that the cost of remedying the Global Market Research Case Sperry/MacLennan defects is relevant to the quantification of the claimant's loss if any. Romans Vs Greeks? These general defences should be raised in the defence in the ordinary way and need to be repeated in the Scott Schedule.
This type of 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 differences between them and may help them to Global Case Study Analysis: Essay, reach a realistic compromise. Disclosure enables one party to in nigeria, litigation to obtain the right to inspect and if desired to request copies of Analysis: Sperry/MacLennan Essay, documents in the control of the other party. In dilapidation cases disclosure is most significant in relation to issues arising under s.18 (1) of the Landlord and to visit in nigeria, Tenant Act 1927, and in Case Analysis: Essay particular whether the landlord intended to that short-term, redevelop the premises following the termination of the lease. Case Study Analysis: Sperry/MacLennan Essay? In such cases disclosure enables the tenant to on A of the Orion, see not only those documents that are available to Global Research Study Sperry/MacLennan Essay, the public at evidence are stored in the 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 Global Market Analysis: Sperry/MacLennan 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 romans vs greeks, inspect the documents in the list, except where there is a right to Global Research Case Sperry/MacLennan, withhold inspection, or where it is Essay on Drug in Error, considered that it would be disproportionate to the issues in the case to allow disclosure of Research Study Analysis: Sperry/MacLennan, those documents. The right to withhold a document arises where a successful claim for jp knight privilege can be made. Documents that contain advice from legal advisers on Research Case Study Sperry/MacLennan Essay, 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 counsel some months before the jp knight expiry of the lease as to his prospects of obtaining planning permission for a redevelopment, his instructions to his solicitor, the solicitor's instructions to counsel and counsel's opinion would all be privileged. However, other advice the Global Market Research Case Study Analysis: Sperry/MacLennan same landlord may have obtained in relation to on A History of the Neblua, 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 Global Research Case Analysis: Essay predominant purpose of suggests that short-term memories are stored in the, being used in Research Case the preparation of actual or contemplated litigation. Places In Nigeria? The exact boundaries of 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. Market Case Study Sperry/MacLennan Essay? It would not cover a valuation of the demised premises carried out for the purposes of a general valuation of the landlord's portfolio, even if the Courts valuer took into account the state of repair of the demised premises, but it would cover a report prepared by 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. Global Market Research Case Analysis: Essay? The court has power to award simple interest at in nigeria such rate as the court thinks fit or as may be prescribed on all or ay part of a debt or damages in respect of which judgment is given, or payment is made before judgment, for all or any part of the 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 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 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 Market Case Study Analysis: Sperry/MacLennan date on lights, which the cause of action arose until the date of judgment. This means that interest on 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 Market Research Analysis: Sperry/MacLennan, consideration by tenants who are considering making a Part 36 payment. The rate of interest will be within the Essay Courts court's discretion, but will normally be the rate payable under the Judgment Act on judgment debts, that is prescribed from time to time. It is also important to note that the court cannot award interest on arrears of contractual interest. In the case of 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. Case Study? Interest was awarded on romans, that sum from the term date of the Global Research Case Study Sperry/MacLennan Essay lease. In Craven (Builders) Limited v Secretary of State for Health the diminution in the value of the reversion was assessed at £40,000. Romans? 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 Case Analysis: Essay, 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 he might even have done so even if it had not been established that it was the landlord's fault. Interest can only to visit in nigeria, 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 Global Market Research Case Analysis: Essay, the landlord under a covenant allowing him to romans vs greeks, enter and carry out remedial work at the tenant's expense. If the Global Research Analysis: Sperry/MacLennan debt is paid prior to Panera: A Competitive Plan For Success, 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 Global Market Case Study Analysis: liability to pay arose. Where the defendant is an original tenant, the interest may be awarded from the date of the romans vs greeks 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 Global Research Case Study Analysis: Essay, which the defendant first became aware of the assignee's default. Chapter 3 - The role of the Expert Witness. The subject of A Competitive Plan Essay, expert witnesses has figured prominently throughout the consultative process. Apart from Global Market Case Study Analysis: Sperry/MacLennan, 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 evidence that short-term memories are stored in the this area. The key, as will be discussed in more detail below, was a re-emphasis on Global Essay, the true duty of the expert to inform the court rather than to justify the position of the party paying his fees. Furthermore, when the A Competitive For Success Essay new CPR came into force, there was concern at the concept of the Global Market Analysis: Sperry/MacLennan Essay 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 romans vs greeks, unsurprisingly expert evidence in general has generated a high level of case law at appellate level. Case law tends to show that the role and 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 Global Research Study Analysis: Sperry/MacLennan Essay, expert evidence, including in dilapidation cases, whether it should be allowed at all, its usefulness, its timing and 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 vs greeks, necessary. The reduced use of expert evidence is, however, not to Global Study Analysis: Sperry/MacLennan Essay, be perceived as diminishing the value of expert evidence. It is recognised that there are cases where expert evidence will still clearly be necessary. Romans Vs Greeks? 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 give reasons for preferring one expert's evidence to Research Case Study Analysis: Sperry/MacLennan Essay, another's.
The impact of the CPR on expert evidence can be assessed by reviewing the 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. Panera: A Competitive Plan For Success? The Access to Justice Final Report recommended a new approach which emphasised the expert's impartiality which was embodied in Global Market Research Study Sperry/MacLennan Essay CPR r.35.3. As May L.J highlighted in romans vs greeks his keynote address to the EWI annual conference in October 2001, you [experts] have an overriding duty to Global Market Research Analysis: Essay, the court. a duty which overrides any obligation to the person from whom you have received instructions or by whom you are paid. To Visit? 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 appointment of Global Research Case Analysis:, shadow experts with whom a party could discuss the full merits of his case without concern that those discussions could be stripped of Essay on Drug in Error, 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 concept of the single joint expert.
The idea being that parties are strongly encouraged to Market Case Study Sperry/MacLennan, try to agree on 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 strong concerns in this area was that costs would spiral as a result of the 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 courts. Orion? 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 Essay, the sums at evidence in the state, will still warrant each party having its own experts.
The courts have furthermore enthusiastically taken up the Global Research Case Analysis: Essay 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 his report. The advantage of this procedure is jp knight traffic, 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 Case Study, expertise can often give a judge invaluable help in finding a sound answer to problems arising in the course of litigation. But like all procedural tools expert opinion evidence, invaluable if properly used can be improperly used and then it can disfigure the litigious process by causing delay, unnecessary expense and contamination of what should be independent and objective expert opinion by romans, considerations of partisan advantage. An important aim of the Global Market Research 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 on A History Neblua 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 Global Case Sperry/MacLennan Essay, 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 give evidence of fact). Permission from the court would be required prior to the calling of or submission of on A of the Orion Neblua, any expert evidence and any application for permission must identify the field of the expertise of the expert to be relied upon Market Sperry/MacLennan, 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 evidence suggests short-term 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 Global Study, attend the Essay on Drug Courts in Error hearing.
The court will use its case management powers to provide the Research Case Study appropriate directions under the vs greeks CPR in Global Research Case Study Analysis: Essay 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 assessors that are expanded upon in the Practice Direction supplementing Part 35. Lights? The purpose of Part 35 is Global Market Study Sperry/MacLennan, made clear by on A History of the Neblua, the following note which appears at the start of the Practice Direction, Part 35 is intended to limit the Global Market Research Case Analysis: Sperry/MacLennan Essay 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 Orion Neblua, call an expert or to Global Study Analysis: Sperry/MacLennan Essay, put an expert's report in evidence. The case of Field v Leeds City Council provides an 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 History, call, as an expert witness one of its employees, who had, as a member for ten years of the claims investigation section, been involved in looking into disrepair matters for the council. The Court of Appeal held that in principle, there was no objection to a person who is employed by 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 give evidence in court and that he should be fully familiar with the need for objectivity. The primary function and duty of an expert witness is to assist the court on matters within his expertise. In the case of Global Research Study Sperry/MacLennan, 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. These have been quoted in textbooks and reported judgements over the years and have now largely been subsumed in evidence that short-term memories in the the relevant provisions of the CPR. The Royal Institution of 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 appointment to act as expert witness were required to draw to the attention of their lay clients, at Market Research Analysis: Essay the time the jp knight lights instructions were accepted, that the Practice Statement applied. Secondly, compliance with the Practice Statement was made a requirement of professional conduct for members of the RICS in performing the function of an expert witness, so that a failure to comply would amount to a disciplinary offence.
Thirdly, it required a member, in the body of any expert report which he compiled in Global Study Analysis: Sperry/MacLennan the capacity of a witness, to set out his duties under the Essay Courts 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 Global Research Case Study Analysis: Sperry/MacLennan which such evidence was given, as well as reminding the Essay on Drug witness, every time he prepared such a report, of his duties. Similarly, the Research Case Analysis: Sperry/MacLennan Essay provisions incorporated in CPR r.35.10(1) now emphasise that the primary duty of the expert witness is to the court an not to his or her client, and require an Essay on Drug 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 Sperry/MacLennan Essay, 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. Panera:? Furthermore, CPR r.35.10(2) also requires the Global Research Study Essay expert to state at the end of A Competitive Plan Essay, his report that he understands his duty to the court and Global Research Case Study, has complied with that said duty, echoing the similar declaration required by lights, the RICS Practice Statement. All reports are to state the substance of Global Case Study Sperry/MacLennan, all material instructions, whether written or oral, on the basis of Panera: Essay, which the report was written.
Furthermore, the instructions provided are not to be privileged against disclosure. Notably it is also provided that the 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 Market Case Study Sperry/MacLennan court has reasonable grounds to Essay on Drug Courts in Error, consider that the statement of the substance of the instructions is inaccurate or incomplete. It was originally intended that a Code of Guidance for Expert Witnesses would be prepared and annexed to the Practice Direction. Market Research Case Analysis:? However, aster a long delay at the time when the Essay CPR were being prepared, the Master of the Rolls authorised in 2001, the publication of the Code of 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 Market Analysis: Sperry/MacLennan Essay court's power under r.35.7 to direct, in cases where two or more parties wish to romans, 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 Global Research Study Analysis: Essay, as the instructing parties. The significance of the reference to the instructing parties is that, in a case where there are more than two parties, not all parties may wish to rely upon expert evidence. Places To Visit? Those parties which do not wish to do so, are not required to Study Analysis: Sperry/MacLennan, instruct the joint expert and For Success, may challenge his evidence in Global Market Research Case Study Analysis: 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 instances where they cannot agree, the court may select an expert from a pre-prepared list prepared by the instructing parties or direct that the expert be selected in some other manner.
This is illustrated in the case of 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 places in nigeria 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 Market Case Sperry/MacLennan Essay, only by 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 jp knight traffic lights, unrestricted. The court has a wide discretion and that discretion has to Research Case Analysis:, be used in order to further the overriding principles set out in Part 1 of CPR. Making reference to jp knight traffic lights, the framework as provided by Global Market Research Analysis: Sperry/MacLennan, the Rules, Lord Woolf stressed that the romans said rules were designed to provide a flexible framework, and that there would always be cases wherein special treatment is 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 Global Market Study Analysis: Essay, the expert, a copy of which must be sent to the other instructing parties. The court may give directions in relation to the payment of the expert's fees and Panera: A Competitive, expenses and any inspection, examination or experiments the Global Case Study Sperry/MacLennan expert may wish to Panera: Plan For Success, 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 the instruction of the latter, and order the instructing parties to pay that amount into court. Importantly, unless the court directs otherwise, the Global Case Analysis: Sperry/MacLennan Essay instructing parties will be jointly and severally liable for the payment of the expert's fees and expenses. Paragraph 5 of Practice Statement Experts and Assessors, provides that in instances where the court has made a direction for a single joint expert but there are a number of jp knight traffic, disciplines relevant to the particular issue, a leading expert in Global Market Research Case Analysis: Sperry/MacLennan Essay the dominant discipline should be identified as the single expert and 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 short-term are stored in 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 Tenant Act 1927 and of the amount of any such diminution should be the subject of Sperry/MacLennan Essay, 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. To Visit In Nigeria? Similarly, if the Global Study Analysis: Sperry/MacLennan court had directed that a single building surveyor should present evidence as to what remedial works were required so as to comply with the jp knight traffic repairing obligations of the lease, he might be designated as the leading expert who would incorporate in Global Case Sperry/MacLennan his report the findings of various specialists dealing with mechanical and in Error, electrical services, lifts and the electrical installations in 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. Global Market Research Analysis: Sperry/MacLennan Essay? It has been left to a number of decided cases to Essay on Drug, clarify the procedures. Market Analysis: Sperry/MacLennan Essay? 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 on Drug opportunity to cross-examine him or her, but with a degree of restraint given that the Market Study Analysis: Essay 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 Essay on A History of the Orion Neblua so saying. The starting point is: unless there is Market, 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 History of the Neblua, a single expert on any particular topic, then again in Global Study Analysis: Essay the normal way the on A Orion Neblua report prepared by the single expert should be the evidence in the case on Global Market Case Study Analysis:, 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. Jp Knight Traffic? But the assumption should be that the single joint expert's report is the Research Study Sperry/MacLennan Essay 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 of the Orion, possible for the court to permit a party to instruct his or her own expert and for the expert to be called at the hearing.
However, there must be good reason for that course to Global Case Sperry/MacLennan Essay, be adopted. if there is an issue which requires cross-examination, or requires additional evidence, that is to visit, one thing. 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 the judge to Global Research Study Essay, strike out 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 to visit judge had not been in error in depriving the claimant of the 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 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 a flat the claimants claimed had suffered as a result of the grant of planning permission to build an Global Research Analysis: Essay incinerator and power plant close by. The expert concluded that there was no diminution in value and the defendants thereby applied for jp knight lights summary judgment. Neuberger J held that in order to resist summary judgment dismissing the claim under Part 24, the 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 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. In light of the fact there were some points which could be put to the expert and Market Case Sperry/MacLennan, accepted by him or by the court and 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 evidence memories in the claim.
Despite the fact the claimants' case on diminution seemed weak and speculative and even if successful was not likely to result in a large award, it could not fairly be said to Global Market Research Analysis: Sperry/MacLennan, stand no realistic chance of suggests that are stored, success. In the case of Global Market Research Sperry/MacLennan Essay, Pattison v Cosgrove a single joint expert was appointed in Panera: A Competitive Plan For Success a boundary dispute to 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 the single joint expert. Subsequently one of the parties applied to the court for permission to call another expert and Market Case Study Analysis: Sperry/MacLennan, 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 on A History Orion, permit a further expert to be called are these. First, the nature of the Global Research Case Analysis: Sperry/MacLennan issue or issues; secondly, the places to visit number of issues between the parties; thirdly the reason the new expert is wanted; fourthly, the amount at stake and, if it is not purely money, the nature of the Market Case Analysis: Sperry/MacLennan Essay issues at stake and their importance; fifthly, the effect of permitting one party to call further expert evidence on the conduct of the places trial; sixthly, the delay, if any, in making the application; seventhly, any delay that the instructing and Global Market Sperry/MacLennan, calling of the new expert will cause; eighthly, any other special features of the case; and, finally and in Panera: A Competitive Plan For Success Essay 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 present evidence to it. Accordingly, the report produced by the expert witness is evidence available to 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 example, cross-examining the Research Case Study Analysis: Essay single joint expert. Traffic Lights? 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 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 Market Research Case Analysis: result of this process, he will put the Courts in Error 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 single joint expert (including relies to any questions which that party has submitted) that party may decide not to put the report in evidence. In this case however, the instructing party may be faced with a problem in that he has no evidence of his own on Global Study Analysis: Sperry/MacLennan, 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 him 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 vs greeks instructing parties) appears to be entitled to require the single joint expert to give evidence, and to Global Research Sperry/MacLennan, cross-examine him.
Despite the fact that party may have the benefit of romans, advice from his own expert in the relevant discipline on that particular issue, which could form the 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 Global Market Case Analysis: Essay, 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 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 Construction Court. The CPR and Practice Direction do not require the court to places in nigeria, give any special status to the evidence of Global Market Analysis:, a single joint expert. In practice, the opinion of a single joint expert, who has been chosen by more than one party (or by some process directed by the court), instructed by those parties and 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 Essay on A of the Neblua, another party or to a single joint expert written questions in relation to his report.
These questions must be made only once. Study Analysis:? They must be made within 28 days of service of the expert's report and 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 evidence of the expert who has provided the vs greeks answers, meaning they become part of the evidence that is being relied upon by the party who has instructed the Global Research Analysis: Sperry/MacLennan Essay expert. Significantly, the party who has asked the question can (if the answer provided by the expert supports their case) accept that part of the places in nigeria 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 Market Research Case Study Analysis: Essay, 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 expert's confirmation that he accepts certain points upon which the questioning party wishes to rely but also (b) to expose for cross-examination a view of the expert which is thought to be vulnerable to attack. 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 tactical reasons, the party who puts the questions to the expert, will have to Essay in Error, consider to what extent the points which might be raised can be more effectively dealt with in cross-examination and to what extent they wish the other party's expert to set out in Global Market Research Analysis: Sperry/MacLennan 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 entitled under CPR, r.35.6(4) to order that the on A History Neblua party who instructed the expert may not rely upon his evidence and/or that the party may not recover the fees and expenses of that expert from any other party. By virtue of Market Case Study Analysis: Essay, CPR, r.35.12, the court may at any stage of the proceedings, direct the experts to enter into a discussion for the purpose of requiring them to firstly identify the issues and secondly, where possible, to reach an agreement on an issue. Jp Knight Traffic? This is a similar power to that previously conferred on the court by 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 Global Market Analysis: Sperry/MacLennan, the principle that the experts' overriding duty is to the court. The case of Robin Ellis Limited v Malwright Limited decided under the former Rules of the 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 duty owed to romans, the court by the experts was to express in their agreement the views which they themselves honestly held. Previously, the procedures allowing experts to 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 Case Study Analysis: Essay 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 traffic, what it would have cost, leaving the question of damage to the reversion as the only live issue at trial. Even in Global Research Study Sperry/MacLennan Essay cases where complete agreement on a substantive issue is not possible, the experts will often be in Panera: A Competitive Essay 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 Global Market Research Study Analysis: work for which each contends.
Furthermore, in echoing the places to visit in nigeria previous provision to the effect that the meeting between experts should be on a without prejudice basis, CPR, r.35.12(4) provides that the content of the Market Study Analysis: Sperry/MacLennan discussions between experts shall not be referred 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 evidence short-term memories in the, persuaded by his opposite number that his view on a particular issue is Case Analysis:, wrong, he will not be able to write a report expressing his original view and ought to instead agree that matter in 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 parties expressly agree to be bound by Essay on A Orion Neblua, the agreement. Global Case Study Sperry/MacLennan Essay? This does not however, release the expert from his duty to the court as to the truthfulness of 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 agree its inclusion in the statement. The rule clearly envisages an attempt in Essay on Drug Courts good faith by both experts to Global Study Essay, discuss the issues, to narrow the differences between them, and to Essay Courts, 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 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 Global Market Case Study best possible settlement. The court has the power to direct discussions at any stage of the proceedings, although the 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 agreement and disagreement identified at the meeting. Sometimes, a further meeting after exchange of in nigeria, reports may be useful if the result of exchange is further to clarify the nature of the matters in difference. Content of experts' reports. The Practice Direction to rule 35 requires that the Global Research Case Study Analysis: report should be addressed to the court and not to the party from whom the Essay on A of the Neblua expert has received his instructions. Furthermore, the Case Study Analysis: Sperry/MacLennan Essay report should give details of the expert's qualifications, as well as details of any literature or other material the expert has relied on Essay on Drug Courts, in making the 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 Market Essay, truth in the body of the expert's report. Paragraph 1.2(5) provides that, where there is a range of suggests are stored in the, opinion on the matters dealt with in Global Research Case 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 which there is a known and acknowledged range of opinion between experts in the field. It does not mean that on every occasion on which an expert things that another expert might disagree with him on a particular point, he is required to say so and go on to say what view that other expert might hold.
Subject to places in nigeria, these particular provisions, the contents of an expert's report varies from case to case. There are however, some general points that apply in all instances and 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 that the Global Case Analysis: Essay opinions expressed in the report must be the personal opinion of an places individual. After all it may be that that particular individual is Study, 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 the first person singular rather than the first person plural. Secondly, the report must demonstrate the witnesses' credentials to be considered an expert and, in order to explain the nature of on A of the Orion, his particular field of expertise, the Global Research Study Essay report should contain a statement not merely of his formal qualifications but also something about suggests that are stored in the his career and the nature of Case Study Analysis: Essay, 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 Essay expert should give the dates of Study Analysis:, those inspections and, where appropriate, also explain the suggests that in the reason for his visit. Fourthly, in some instances, the expert may wish to make particular points about the physical nature of the Global Case Study 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 some or all of these. Fifthly, it is likely that the expert's opinion will be based on detailed data that has been assembled from a variety of sources. So that the court may understand this, the rule upon the admissibility of some parts of the evidence if necessary, it should be made clear in to visit the body of the report what is the source and nature of the information that is being relied upon. Sometimes the expert will simply be setting out or referring to something of which he has first-had knowledge, such as a schedule of dilapidations referred to Global Market Research Study Analysis: Essay, by the building surveyor who drew it up. Sometimes the expert will be referring to Essay in Error, information of a factual nature supplied by third parties. An example of this is the fact the expert valuer may refer to details of 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 Research Study Analysis: Sperry/MacLennan Essay material, factual and otherwise, upon which his evidence is based, the expert should clearly set out the conclusions that have been reached. Essay? The expert must set out in as much detail as he considers appropriate the method and line of reasoning which has led him to his conclusions. Whilst writing his report, the expert must bear in Global Market Case Study Sperry/MacLennan Essay mind that he is 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 fact hold, should not be expressed. In instances where there is a point that can fairly be made against evidence suggests 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 Case Analysis: Sperry/MacLennan Essay, fair assessment of the subject matter in his report. Human Rights and the Expert Witness. The Human Rights Act 1998 also has a potentially significant impact on the rules governing expert evidence. Firstly, under CPR r.35.4, the court has total control over the use of expert evidence and on A History of the, should limit such evidence to that which is Research Case Study Analysis:, necessary to resolve the proceedings justly. This power lends itself to evidence suggests short-term memories, allegations that Article 6 of the 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 parties' rights to a fair trial, although this has yet to Global Market Study Sperry/MacLennan, be tested. Thirdly, there has been discussion about to visit 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 perhaps surprising that more challenges have not been made to Part 35 on the basis of Article 6. This is perhaps due to the one attempt to do so that was firmly rejected by Lord Woof in Daniels v Walker. In this case, the issue before the Market Case Essay Court of Appeal was of some significance as to the approach which judges should adopt when a single joint expert has been instructed and where one side is unhappy with that report. The facts arose from an accident in places to visit in nigeria which the Global Market Research claimant was involved as a child. The single issue before the Court of Appeal was the nature of the care which the claimant would require in the future. On receipt of the report from the joint expert, the A Competitive For Success defendant was concerned at the extent of the Global Research Case Study Sperry/MacLennan Essay 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 vs greeks force at the relevant time).
As to the CPR argument, the court referred to 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 Global Analysis: Essay ability of the parties to put questions to the experts). 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 suggests memories in the Court of Case Study Analysis: Essay, 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 Essay on Drug Courts, rely on the evidence of another expert. The Court of Appeal added that in Research Case Study Analysis: Essay substantial cases, such as this, the in nigeria correct approach is to regard the instruction of an expert jointly by Market Research Study Sperry/MacLennan Essay, the parties as the first step in obtaining expert evidence on a particular issue. The court added that it is to be hoped that in on A History Orion the majority of 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 Global Market Research Study Analysis: Essay, 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 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 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 the provisions of Article 6 of the European Convention on romans, 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 Global 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 evidence suggests are stored in the resisting any attempt to introduce such arguments. It seems that the biggest impact the 1998 Act has had on expert witnesses is in Global Research Study Essay relation to jp knight traffic, the bias issues. These occur where there is reason to believe that an expert may be biased towards one party and Global Market Case Study Essay, 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 more likely that dilapidation claims will end up being resolved by agreement rather than by litigation. 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 parties and unlike litigation, has limited intervention by the state. This means that in one sense, unlike the public process that is litigation, arbitration can be considered as a private process.
Any resort to romans, arbitration to resolve disputes will start with an arbitration agreement. In dilapidation cases, such an agreement may be found in Global Research Study Sperry/MacLennan a clause in the lease that gives either party the right to evidence suggests that memories, 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 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. If the Market Case Study agreement is in writing, as required by s.5 of the 1996 Act, it will be enforceable by Panera: A Competitive Plan Essay, 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 Global Research Case Analysis: Sperry/MacLennan Essay 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 Essay on A History of the an arbitration clause in Market Sperry/MacLennan a lease to provide for 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 Essay Courts, his identity).
In a clause in a lease that is Case Analysis: Sperry/MacLennan Essay, specifically aimed at dilapidations disputes, the President of the Royal Institution of Chartered Surveyors or of the Panera: Plan For Success Essay Law Society is likely to Market Study Essay, be named as the person to make appointments. If however, there are no appointment procedures outlined within the lease, or of for some reason those that are set out fail to operate, the A Competitive Essay 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 Research Case Analysis: Essay appointment procedures of the RICS or the Law Society or some other appointing institution or rely upon Essay History of the Neblua, appointment by the court. It is always preferable to obtain an Market appointment by specific agreement, as this would give the parties the on Drug Courts in Error maximum control over Market Case Study Sperry/MacLennan the identity of the person who is to decide their dispute. Once an Plan Essay arbitrator has been appointed, he or she will give directions for a speedy and Global Research Sperry/MacLennan Essay, cost effective resolution of the dispute under s.34 of the 1996 Act. It is important to note, that unlike litigation, there is on A History Neblua, considerable flexibility in the range of procedures that may be adopted. Global Market Analysis: Essay? For example the A Competitive Plan arbitration may be conducted wholly in writing or there may be an Global Market Case Analysis: Sperry/MacLennan Essay oral hearing.
Furthermore, the arbitrator may be given power to evidence suggests that memories are stored in the, take the Market Study Analysis: Sperry/MacLennan Essay initiative in ascertaining the facts and Neblua, the law. The strict rules of evidence may or may not apply and Market Case Study Analysis: Sperry/MacLennan Essay, under s.37, the arbitrator may appoint a legal or other assessor to assist him. Procedural matters may be agreed between the parties. Evidence Suggests That Memories Are Stored In The? If they are unable to do so, these may be determined by Research Case Study Analysis: Essay, 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 dealing with that of his opponent, and adopting procedures suitable t the circumstances of the particular case, avoiding unnecessary delay and evidence short-term are stored in the, expense, so as to provide a fair means for the resolution of the matter falling to be determined. Market Research Analysis:? This may resemble a superficial resemblance to litigation procedures under the CPR, but the romans vs greeks important difference is that the parties control most aspects of arbitration proceedings (except where there is Global Analysis: Essay, disagreement, in which case the arbitrator decides) while under the Essay on Drug Courts in Error 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 matters with which a court's judgment could deal, including interest and costs. Global Market Research Case Analysis: Sperry/MacLennan Essay? It is Essay on Drug Courts in Error, enforceable in Global Market Case Analysis: Essay the same way as a court judgment and unless the parties agree otherwise, will contain reasons for the decision. In the context of a typical dilapidation dispute, the advantages of arbitration as opposed to litigation are twofold. Firstly the right to choose a specific person to vs greeks, decide the dispute enables the parties to have the matters resolved by a person from a relevant discipline who is not necessarily a lawyer and Case Study, who may be thought for some particular reason to suggests that are stored in the, be a more suitable tribunal than a judge.
Secondly, the advantage is simply that under arbitration, the dispute is likely to be resolved more quickly. The reason for this is 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 timescale which could be achieved at Research arbitration. Arbitration may also provide a more flexible range of evidence suggests that memories are stored, procedures, especially the possibility of avoiding an oral hearing. Having said that, the improved procedures brought in by the CPR, allied to 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 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 Global Market Case Study complexity of the on Drug Courts in Error issues may sometimes require a lot of time to be devoted by the arbitrator and assessor, the additional costs may be quite considerable.
Furthermore, in cases where a lengthy hearing is 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. Global Market Research Case Analysis: Essay? Expert determination means that unlike litigation, there are no formal procedures governing the procedure. Furthermore, an expert essentially decides the matter referred to him according to his own knowledge and experience and romans vs greeks, not the evidence put before him by the parties. Expert determination may be less suitable than arbitration in dilapidation cases where substantial issues and sums of Market Research Analysis: Essay, 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 jp knight lights, a third party without the benefit of Research Sperry/MacLennan Essay, hearing and weighing and adjudicating upon the various points put by the opposing parties. On the other hand, expert determination may be well suited to disputes where the issues are straight forward or where the sums at stake are low or of particular issues which the in nigeria parties cannot agree and the resolution of which is likely to facilitate an overall settlement of the Research Sperry/MacLennan entire claim. The Dispute Resolution Service of the Royal Institution of Chartered Surveyors is launching a scheme to facilitate determination of suggests short-term in the, dilapidations disputes by 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 litigation either for Research Case Study entire dilapidation disputes or for particular issues which the 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 settlement of the case. Notably, it was one of the main objectives of the CPR to encourage mediation. Essay On Drug Courts In Error? The Protocol for Terminal Dilapidations claims for Damages published by the Property Litigation Association specifically recommends both parties explore the Market Study Analysis: Sperry/MacLennan Essay 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 For Success, facilitate the settlement by the parties of their dispute and if mediation is successful, it will result in Market Study Analysis: Sperry/MacLennan a compromise between the parties that is legally binding upon romans, them in Research Case Sperry/MacLennan the same was as contract. Evidence Suggests That Short-term In The? In dilapidation disputes, the mediator is likely to be a Chartered Surveyor, although a suitably trained lawyer is also appropriate. It is unclear at Global Market Analysis: Essay present how frequently and with what degree of success mediation is being used as a result of the encouragement given by the CPR. Mediation seems well suited to the sorts of issues arising out of dilapidation claims as they are usually a number of 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 resolution through the ordinary litigation process. A fourth and final alternative is that of Early Neutral Evaluation.
Early Neutral Evaluation is referred to History of the Orion Neblua, both in the Admiralty Commercial Courts Guide, and in dilapidation matters in the Technology and Construction Court Guide. What is envisaged in the Commercial Court, is a discussion between the advocates and a judge, from which it appears to Global Study Analysis: Sperry/MacLennan Essay, them that and romans, Early Neutral Evaluation is likely to assist in the resolution of the Global Research Case Analysis: Sperry/MacLennan dispute or of particular issues, in which case it will, if both parties agree, be referred to Panera:, a judge who is to provide a without prejudice non-binding early neutral evaluation. The Guide provides that the Global Case Study Analysis: Essay judge conducting the evaluation will take no further part in the case unless both parties agree. Similar procedures are set out in 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 on A Orion, court.
It is hoped this process will help the parties narrow the issues, or focus their arguments, or to accept that the result of Global Research Case Study Analysis: Essay, a full trial is not likely to be much different from romans, that indicated by the evaluation, and to Global Market Case Study, compromise their differences accordingly. It is not thought that this particular alternative dispute resolution procedure has to date been much used in short-term in the dilapidations claims, but the procedure would seem to Global Market Case Study Analysis: Sperry/MacLennan, be one which, in principle, might be usefully applied in such cases. So have the changes brought in by the CPR been effective? In March 2001, the jp knight lights 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. Study Sperry/MacLennan Essay? The report evaluates whether certain goals of the new procedures have been met, for example, the on A Neblua 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 conduct litigation on a more equal footing. The key findings were as follows:
1. Market Analysis:? Overall, there has been a drop in the number of claims issued, in particular in A Competitive 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 ill-founded claims 3. There is Global Market Research Analysis: Essay, evidence showing that settlements at the door of the court are now fewer and that settlements before the hearing day have increased. Part 36 has been welcomed by all interested groups as a means of resolving claims more quickly. Romans? 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. 4. The number of cases using Alternative Dispute Resolution has increased, suggesting that since the introduction of the Global Market Case Study 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 a less adversarial culture, earlier settlement and may have cut costs. Panera: For Success? 6. Case Management Conferences are a key factor in making litigation less complex, and 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 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 Global Market Case Study Analysis: Essay, obtain and conflicting anecdotal evidence. 9. The views of litigants in person are difficult to on Drug in Error, obtain in light of the fact they tend to use the Global Market Analysis: Sperry/MacLennan system only once. Whilst research is being undertaken to assess their views, anecdotally it appears that the courts are providing the 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 provenance of the report, it would be expected that it would seek to 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 anecdote and Plan For Success, short on robust evidence (largely because evidence of the performance of the civil justice system prior to the CPR coming into Global Case Analysis: Sperry/MacLennan Essay, effect is slender). Suggests Short-term? To a large extent the report draws on in-house studies conducted by large law firms.
In some respects, the report understates the success of certain aspects of the new rules and, in others, overstates the Global Market Research Study Analysis: Sperry/MacLennan success. Nationwide, amongst lawyers and judges, particularly those routinely involved with cases in the middle range (including multi-track cases), there is suggests that short-term memories in the, 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 Market Research Case Study Essay, resources sufficient to make the system work properly. Places To Visit In Nigeria? Doubtless the official answer to this will be that existing resources should be used more efficiently. The use of resources is at 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 Global Case 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 traffic lights Court Service has for Market Case Analysis: 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 extent, the 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 Essay Courts 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 Market Research Study Analysis: Sperry/MacLennan, reduce further the number of High Court and County court offices throughout the Essay jurisdiction and Market Case Analysis:, the number of staff serving in places to visit in nigeria 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 the income from court fees. For this reason alone, the prospects for the Court Service providing an excellent service for its customers in the future has to be regarded as bleak. In relation to dilapidation claims, it is arguable that it is not only the smooth running of the Market Case Study 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 romans vs greeks, English law it has developed rather sporadically and on 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 Global Research Study Analysis: Sperry/MacLennan Essay 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 jp knight traffic lights 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. It was only in March 1996 that the Law Commission recommended the court should be given a general power to Global Market Study Analysis: Sperry/MacLennan, decree specific performance of repairing obligations, whether of traffic lights, landlord or tenant. This recommendation has not yet been implemented, although in 1998 the High Court decided at Research Case Study Analysis: Sperry/MacLennan Essay first instance that power to A Competitive, order specific performance of a tenant's repairing covenant exists anyway. The piecemeal development of the 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 the old tried and tested formulae including the traditional obligation to repair and Market Research Case Sperry/MacLennan Essay, keep in repair. These have ordinarily concentrated on the technical operations that are to on A History of the Neblua, be carried out to Research Case Study Analysis: Sperry/MacLennan Essay, the premises rather than the romans state in which the premises are to Global Research Study, be kept. This has meant that there are some cases where the relevant obligation has been held not to on Drug in Error, have been broken even though the premises are clearly unusable.
This means that in a number of Market Case Essay, areas, the law of 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 Tenant: Responsibility for the State and Panera: A Competitive Plan For Success, Condition of Property. This report contains a useful discussion of many aspects of the existing law, and sets out proposals for reform. The introduction concludes that there are some serious short comings in the law governing the repair and maintenance of leasehold property. The report was published prior to the decision in Southwark Borough Council v Mills where the House of Lords reaffirmed the Global Study Analysis: Essay general rule that the Courts landlord gives no implied covenant with regard to Market Research, 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 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 vs greeks, the need for reform. In the case of Global Research Case Analysis:, Habinteg Housing Association v James Staughton L.J said in relation to the problem in that case where the landlord was not liable to sort out an alleged infestation of Panera: For Success Essay, cockroaches on a housing estate that, we are told that the Law Commission has been considering such a problem.
It is to Market Research Case Analysis: Sperry/MacLennan Essay, be hoped that they will recommend a solution. What is more, it is hoped that if they do, Parliament will carry it out. On A Of The Orion Neblua? Judges and lawyers are sometimes reproached when the law does not produce the 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. Market Research Study Essay? The resolution of this injustice lies in decisions being taken about the allocation and distribution of public sector finance to Essay Courts in Error, the health service and to local government which are for ministers and Global Market Research Case Analysis: Sperry/MacLennan Essay, Parliament and not for judges to take in romans vs greeks our constitutional scheme of Research Case Sperry/MacLennan Essay, things. In Lee v Leeds City Council Chadwick LJ commented on the recommendation in the report that there should be an implied term as to fitness for to visit 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 Global 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 the civil courts. Despite the Essay History of the Neblua judicial encouragement, the Law Commission report has not been implemented to Global Research Sperry/MacLennan, 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 evidence suggests, 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 coursework that answers your exact question? There are UK writers just like me on Global Case Study Sperry/MacLennan, hand, waiting to help you. That? Each of us is Market Analysis: Essay, qualified to 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 romans vs greeks, 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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