Chapter 8 Questions for reflection and discussion

  1. Is England and Wales over-litigious?
  2. Should the civil courts be more/less specialized?
  3. Should the civil courts be unified?
  4. How should the civil justice system be funded? What level of state funding for the civil justice system is justifiable? What should be the approach of the Government to the charging of fees for proceedings in court?
  5. Are there too many avenues of appeal in civil cases?
  6. Is it right that the courts should be regarded as the forum of last resort?
  7. What is ADR? What are the arguments for and against the use of ADR to resolve disputes? Should use of ADR be made compulsory?
  8. Should the Privy Council continue to hear appeals from other Commonwealth countries?
  9. Should it be easier to take cases to the Supreme Court?
  10. What are the arguments for and against the development of privately funded dispute resolution procedures?
  11. Should there be more use of the internet to resolve consumer and other civil disputes online?
  12. Can we afford to retain adversarial procedures?
  13. What do you think are the lessons for the civil and commercial justice systems to be drawn from experience of dealing with Covid-19?