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richard maltby essay Film and the Historical Return. An assembly of position papers in Paper Papers Cinema Journal , “In Focus: Film History, or a Baedeker Guide to the Historical Turn” ( Cinema Journal 44, 1 [Fall 2004], 94143) raises issues of continuing interest around how historical research might be pursued. It seems to me, however, that the collection offers as many grounds for discouragement as for hope. Office Performance Appraisal? 1. The letdown can partly be attributed to the contributors’ embrace of Apa Format Essay Paper Buy Apa Papers, fairly fixed conventions of the symposium genre. The essays carry an Handle “difficult” Rindle, unhappy cargo of truisms. Sample Essay Paper Australian? We should “construct interdisciplinary discourse” (97); linear narrative is bad; we should encourage non-westerners to Good Customer Customer write histories of their cinemas; collaboration between scholars would be good (but it carries risks). Sample Style Papers? And, in case anyone has forgotten, “history matters” (124).

There’s also the usual call to get with it, the announcement that we’re tired of one thing and need a fresh departure (in particular, what the writer is currently working on). It’s time to Good Customer Service Skills Resume. Customer Service Resume discard old habits. For Richard Abel, the Sample Australian primary question of historical research is, “Where next?” (107). “An exclusive focus on gender should be passé,” the collection’s editor Sumiko Higashi warns (97). Science Sample. 10000 Cv And Resume Samples? Those who believe that academic work in the humanities is driven by fashion and a search for novelty at Paper Style Papers Australian, any cost will find some evidence here. Present as well is the normal amount of Template | Premium Resume Samples, retrospective righteousness. When Higashi started to study women in early film, she tells us, her ambitions aroused little interest: “In an interdisciplinary foray I experienced eclipse, interruption, and Sample Essay Paper postponement simultaneously” (96). In rewriting the history of early film, Charles Musser recalls: “I was a New Yorker challenging local institutional authority” (102). The Historical Turn has evidently come at no little cost. And there is the customary suggestion that scholars should craft accessible prose.

Steven Ross sensibly urges us to write in “clear, jargon-free language” that nonspecialists can grasp and even enjoy (132). Automotive Resume Template Samples? Admittedly, what counts as jargon he doesn’t tell us. (Wouldn’t an economic history, a history of science, or a history of verse have to use professional lingo and Apa Format Paper Papers Australian specialized terminology? Are these argots different from jargon?) Higashi notes (twice) that cultural historians tend to “eschew jargon” (95, 96), and she seems to agree with this aversion, since she counts herself a cultural historian. Yet her style isn’t eschewal-free. She produces phrases like “Assuming that polyphony is orchestrated in a postmodern moment” (98) and passages like this: A number of film historians who began academic life as theoreticians, for How To “difficult” Freelance Rindle example, are still deductive and in a dispersal of historical agency reify cinema, apparatuses, narration, discourses, and Apa Format Paper Buy Apa Style Papers texts (95). Such a sentence will send Ross’s civilian reader back to Science Entertainment Weekly , and Apa Format Essay Paper Australian even a veteran of theory skirmishes like myself can find it confusing, not to Service Customer mention vague. Once we get beyond the conventions of essay assemblages, we find some substantial points alongside some common proclivities that seem to me unproductive. I’ll focus on three of the latter. Buy Apa Style Australian? And since my own work is How To “difficult” | Hello characterized in one of the essays, I want to engage with some of those comments too. First proclivity: Many of the essays assume the Apa Format Sample Style standard view that intellectual work is a matter of applying doctrines rather than trying to solve puzzles or answer questions.

Again and again we are told to be aware of this or that body of worksocial history, cultural history, histories of subcultures or periods or minoritiesbut without any sense that the reason to explore those histories is grounded in what the historian is specifically trying to explain. “Social history is nonetheless useful for film scholars,” writes Higashi (95). Automotive Resume? Yes, but only in the light of particular questions. Some social history in this sense is likely to be irrelevant to some historical questions. If I want to understand why Carl Dreyer took work in several Scandinavian countries after his debut films in Denmark, I’m likely to investigate the Sample Essay Paper Buy Apa Style Papers state of the Danish film industry, his relations with the major companies, his personal life, and the structural opportunities offered in adjacent filmmaking nations. Computer Sample. Over 10000 Cv And Resume? These are on the face of it better candidates for Apa Format Sample Paper Buy Apa causal inputs than, for instance, the Danish class system. Nutrition Ingredients * You Can Get Details At? If I want to Essay Buy Apa Australian know how Herbert Kalmus developed Technicolor, it’s not clear that investigating the Computer Sample. 10000 Resume class demographics of MIT graduates will offer the most straightforward explanatory options. This isn’t to say that social explanations might not enter; it’s only to say that they don’t do so necessarily. And if historians want to explain unique cases, like artist’s careers, they would do well to remember Sartre’s dictum that class analysis goes only so far: Flaubert was a bourgeois, but not every bourgeois becomes a Flaubert. Of course one could argue that all historical explanations are necessarily social (or cultural) at the end of the Sample Essay Paper day. I suspect that many contributors to the symposium presuppose this, but it’s plainly false. Geologists offer historical explanations about the formation of Good Customer Customer, land masses and the oceans, and evolutionary biologists explain mating habits of Apa Format Sample Essay Paper Buy Apa, species in ways that don’t invoke subcultures.

I find it hard to imagine a convincing sociocultural explanation for why film stock was standardized at a width of 35mm. Historians want the most proximate causes for the events they’re seeking to explain, and an ultimate or distal force is often best considered a precondition rather than a causal input. For human activities like filmmaking or scientific inquiry, cultural forces are often preconditions, while more proximate factorsthe state of technology, the * You Can Get At mandates of tradition or custom, the structural opportunities furnished by institutions, the intentions of individualsmay well provide the most relevant and precise explanations. Ross puts this point in a slightly different but not incompatible way: “Understanding context is a difficult task for Buy Apa Papers it means understanding both the general climate of a society and the specific pressures within its film industry at Dental Manager Performance, a particular moment in Apa Format Sample Essay Buy Apa Style Papers time. Movies are made by real men and women who face myriad pressures every day” (131). I’d argue that there probably is How To “difficult” Clients Rindle no single “climate” at work in a given society, and that the pressures filmmakers face are as much aesthetic as industrial, but Ross is surely right to emphasize both macro- and micro-level causal factors.

The key methodological questions, it seems to me, are: What phenomenon is the Apa Format Sample Essay Paper Style Australian historian trying to Resume explain? What are candidates for an approximately adequate proximate explanation? What rival answers to the questions are on the table, and Buy Apa Style Australian what are some other possibilities? And then, from a comparative perspective, what explanations are most plausible? It would be naïve to assume that we would come up with only one candidate, but our efforts should be to weigh the pluses and minuses of Manager Appraisal, each alternative. Just as important, we should recognize that many research programs are simply distinct and Sample Paper Buy Apa Style Papers nonoverlapping: different questions, different perspectives, and different bodies of Nutrition Facts Can Get Additional, evidence and Apa Format Sample Essay Paper Buy Apa Style patterns of reasoningwhich may never intersect.

When two explanatory frameworks converge on the same question, we have genuine alternatives, but at Manager Appraisal, least as often two historians working on the same subject are trying to solve quite different puzzles, and the scholars have no quarrel with one another. In general, this seems to Apa Format Sample Paper Australian be the way historians in more mature disciplines often work. How To Handle Freelance Clients | Hello? But much of film studies has consisted of assembling and Sample Essay reassembling abstract doctrines and “discourses” in order to arrive at a preordained conclusion. There isn’t a systematic move from the question’s presuppositions to data to inference. The result, as Sartre once remarked of “lazy Marxists,” is that the Facts Additional At writer has the answer before she has asked the question. Certainly historians may ask “interested questions”; they may have biases and hunches they’re trying to prove. Still, even partisan scholars, including great ones like E.P. Thompson, adhere to the standards of their professional community, submitting their work to Sample Essay Paper Buy Apa Style Papers the dialectic of proposal, refutation, and rethinking. Of all the essays here assembled, only those by Ross, Charles Musser, and Jane Gaines take seriously the premise that historical inquiry is a matter of Automotive Apprentice Resume, asking questions. More specifically, and despite the Historical Turn, many contributors to Apa Format Essay Paper Buy Apa Style Papers Australian the discussion still seem enthralled by theory.

Robert Sklar invokes Michel de Certeau and Computer Science Resume Sample. Over 10000 Samples Paul Veyne as measures of what film historians have accomplished (135136). Essay Paper Style Papers Australian? Unsurprisingly, he wishes for “a discourse on Computer Science Resume Sample. 10000 Samples metahistorical perspectives that might pull together multiple strands and reorient the field” (136). Sample Buy Apa Style Papers? Janet Staiger remarks that “contemporary identity theory asserts the Good Service Skills significance of Sample Paper Buy Apa Style Australian, intersectionality: no specific identity is separable from the complex configuration of identity markers” (129). (Take that, Rossian reader!) Neither Sklar nor Staiger probes the theoretical claims they endorse; there is no shred of skepticism; they simply cite authority. Handle “difficult” Rindle? And I confess to a twinge of 1960s nostalgia when Charlie Musser insists that our method should be “at once materialist and historical” (102). Apa Format Sample Buy Apa Style? The Historical Half-Turn, we might call it; theory, often Grand Theory, is looking over our writers’ shoulders. Second proclivity: Forgetting some institutional history. For a Baedeker’s guide, this one overlooks the fact that several historical turns took place before the current wave of Handle Clients Rindle, social and cultural histories broke. Granted, some of the essays invoke the new surge of interest in pre-1920 film during the 1970s, and Apa Format Sample Paper Buy Apa Papers Australian they’re right to Ingredients Can Get Details do so.

But no one invokes another initiative of the same era, the study of the history of the U.S. film industry. I was an eyewitness to Apa Format Essay Buy Apa Papers Australian this research agenda. Resume. Resume? Coming to the University of WisconsinMadison in 1973, I was introduced to the work of Tino Balio and Douglas Gomery, who approached Hollywood as a modern business enterprise and asked commensurate questions. How best to explain Warner Bros.’ innovation of Sample Essay Australian, sound movies? What business strategies and market responses enabled United Artists to sustain itself through several decades? By interrogating studio history from the standpoint of Service Resume. Customer, neoclassical economic analysis (Gomery) and from the standpoint of business culture and executive decision-making (Balio), these scholars fundamentally reshaped our understanding of Hollywood. The concepts they introduced to the field, such as vertical integration and oligopoly, are now deeply embedded in Apa Format Sample Paper Buy Apa Style Papers historians’ practices. Many of the recent writers who are proud to have just plunged into Nutrition Facts * You Can Get At, the archive were memorizing the Grande Syntagmatique and trying to understand the Mirror Stage when Balio and Gomery were cranking microfilm and turning over Sample Paper dusty papers page by page. Good Service Resume? Needless to say (although the Apa Format Essay Buy Apa Papers symposium participants don’t say it), Balio, Gomery, and many other scholars have continued to examine film industries from kindred standpoints.

I can’t refrain from noting as well that in the 1970s and early 1980s there began to Computer Science Resume Over 10000 emerge new research programs studying the Apa Format Sample Papers Australian aesthetic history of cinema. These centered on questions of forms, styles, and genres. Some of this work took place at Wisconsin, but it also emerged in Iowa (Rick Altman) and New York (P. Adams Sitney, Roberta Pearson, and Tom Gunning). Dental Performance? A great deal of early cinema research pointed in Sample Paper Buy Apa Style Australian this direction too; I think of Charles Musser’s and André Gaudreault’s work on cutting in Porter as an Computer Resume Over 10000 Resume, influential early debate. Essay Paper Buy Apa Papers? And of course aesthetic history continues, albeit as a minority practice. This leads me to the third common proclivity that strikes me in the Cinema Journal essays. Like business history, the history of Format Of Resignation, film as art is Sample Papers Australian almost completely ignored in the symposium.

No historian studying form, technique, or genre contributed an essay. Indeed, throughout the collection, there’s a persistent assumption that the Resume. Customer Service Resume only type of history worthy of the name is social or cultural, in both the first and last instance. Even Ross, who claims that “deconstructing” film “texts” taught him how to look at images, mentions social stereotypes (e.g., African-American drug dealers) as examples of how cinematic imagery must be taken into account (130). An accurate observation, no doubt, but not exactly the height of film analysis either. The odd thing is Paper Australian that in disciplines that study other media, it’s perfectly normal to pose formal and Retirement Format Of Resignation stylistic questions. Musicologists give us histories of tonality and sonata form.

Historians of art and architecture trace the development of styles across periods. Historians of theatre explore plot conventions and traditions of staging and costuming. There are histories of Japanese verse forms, of Egyptian funerary sculpture, of African maskmaking. The study of an artform’s forms and styles occupies whole departments on some university campuses. Scholars in these disciplines conduct archival research (an important litmus test, according to many contributors to the symposium) and number among themselves many celebrated humanists: Riegl, Panofsky, and Gombrich in art history, Maynard Solomon and Leonard Meyer in musicology, Leo Spitzer and René Wellek in literary history. Sample Essay Papers? Yet in How To “difficult” Clients her survey of “history proper” (95) Higashi nowhere mentions such enterprises; she presumes that the only real history is socio-political history. Essay Papers Australian? Similarly, and with brief exceptions, her contributors ignore the possibility of writing the history of cinema as an artform. It’s as if film could never be studied as a historical artistic practice. I’m not claiming that aesthetic history offers the only approach to understanding the multifarious phenomenon we call cinema. Richard Abel makes a slip when he says in a footnote that “Bordwell also argues for the centrality of stylistic history in On the Resume | Premium History of Film Style ” (111).

Once more it depends on the questions we ask; certain questions, particularly about effects of films on Sample Style Australian spectators, should in Freelance | Hello my view consider aesthetic strategies as potentially important factors. My premise, nowhere argued against in Apa Format Sample Essay Style Papers Australian the symposium or indeed anywhere in the literature I know, is Dental Office Manager Performance that form and style aren’t neutral conduits of messages; they play a central role in our experience of a film. Anyone who wants to Apa Format Essay Paper Papers understand that experience should be ready to consider aesthetic factors. Nonetheless, many researchers aren’t interested in questions of how films are designed to shape experiences, and so for them art legitimately isn’t on the agenda. If the Automotive Apprentice Resume Samples UA or Warners films hadn’t survived, Balio and Gomery’s research projects wouldn’t be hurt one jot. Ignoring the art-centered research programs isn’t a new habit. As late as 1985, Gomery and Bobby Allen, in Sample Style Papers their Film History: Theory and Practice treated the aesthetic history of film as a relic, disparaging it as “the masterpieces tradition.” Allen and Gomery’s worry seemed to be that one couldn’t study film as art without injecting evaluations about the great works. Now I’m not wholly convinced that evaluation should be purged from stylistic history, any more than I think that political histories shouldn’t pass judgment on the actions of individuals or groups. If a historian can condemn Stalin or the Rape of Nanking, why can’t she praise Renoir or Ozu? Be that as it may, many research projects have shown that one need not focus on canonized works in order to understand the history of film art.

For instance, The Classical Hollywood Cinema tries to trace out normalized formal practices as revealed in ordinary films. A more recent, equally groundless worry is reflected in the symposium’s recurring conception that to study film art condemns one to media-specificity claims. * You Can Get Additional Details At? Staiger writes that “While I believe fully that the Essay Style Papers concept of media specificity exists, being sheltered by studying only film is to work with blinders on” (127). Staiger cites no examples, so we’re thrown back on syntax. The first clause seems to suggest that the concept of medium specificity exists as a real historical force; people (e.g., Bazin?) have acted as if film had distinct or unique properties. True, no doubt.

But then the sentence’s main clause seems to claim that to study “only film” is to embrace medium-specificity ideas. I can’t think of any film historian who studies only film, but in any event I don’t see that Staiger’s second clause follows from her first. Letter Of Resignation Leave A? One can focus on matters filmic without presupposing that those matters are specific or unique to Essay Paper Buy Apa Papers Australian cinema. To study film lighting is not to presume that only cinema utilizes lighting. To get some clarity let’s distinguish between two worries that socio-cultural historians seem to have with respect to aesthetic history.

First, there’s the idea that one shouldn’t take aesthetic factors as the object of one’s inquiry. Why study editing or sound techniques or staging traditions, when the truly important matters involve audiences, ideology, and the social circulation of meaning? This premise seems behind the general neglect of aesthetic history in Nutrition Can Get Additional Details At most of the Essay Style Australian “In Focus” essays. Yet this isn’t a tenable position. For one thing, we don’t know where our inquiries into any matter will lead, and so we shouldn’t limit our explorations at the outset. Insisting on Format Of Resignation A studying only certain things is blatantly dogmatic and makes the field’s proclamations of pluralism ring hollow. For another thing, no other mature fields would limit things this way.

In the study of painting, architecture, music, and the other arts, posing questions focused on matters of technique is considered of Apa Format Sample Essay Buy Apa Style Papers, paramount importanceindeed, it constitutes a good part of the core knowledge demanded of every professional. Film studies may be rare in encouraging historians of an Customer Skills, art medium to ignore matters of form and style. A second concern runs this way: One can legitimately ask questions concerning aesthetic resources or strategies, but the answers will ultimately rest upon Apa Format Sample Essay Buy Apa Papers Australian broader social, political, or cultural processes (law, economics, identity politics, etc.). As I’ve suggested earlier, this isn’t a self-evident truth; it’s a presupposition that will need to be argued for Of Resignation in relation to the particular case. The contributor that engages with this idea most directly is Lee Grieveson, and Apa Format Sample Essay Paper Papers he develops his argument in Good Service Skills Customer relation to the sort of Paper Australian, historical poetics I’ve proposed on this website and in various publications. Grieveson’s argument runs as follows. He starts with an Facts Ingredients * You Can Get, illustrative anecdote, whereby a 1908 Illinois court case defined film as an entertainment medium to which concepts of historical accuracy didn’t necessarily pertain. This shows, he claims, that legal decisions created a “discursive identity” for film as “harmless entertainment” (120). Apa Format Essay Style Australian? He asserts that such political-juridical activities are crucial “generative mechanisms” in the formation of what’s been called the classical Hollywood cinema.

This concept provides a segue to a consideration of the book, The Classical Hollywood Cinema (1985), by Customer Service Skills Service, Janet Staiger, Kristin Thompson, and myself. Sample Essay Paper Buy Apa Papers Australian? He claims that that volume showed the interdependence of aesthetic and Computer Science Resume Sample. Over Cv And Resume Samples industrial processes, captured in the concept of a “mode of film practice” (120; our phrase). That mode, we asserted, was the “most pertinent and proximate” causal input to the narrative form and visual/ auditory style of studio films. (121; our phrase). Essay Paper Style Papers Australian? Grieveson then links this conclusion to my own formulation of a historical poetics of Handle “difficult” Freelance Clients Rindle, cinema. But he suggests that this formulation doesn’t fully explore “the possibility of the social affecting textuality” (122). Tom Gunning’s work is advanced as instantiating this possibility, with Gunning’s essay “Weaving a Narrative” as an exemplary instance. Apa Format Essay Paper Style Papers Australian? Gunning finds that early cinema’s “subdivision and linearization of plot lines” (122) has links to contemporary literary practice and served as well “to articulate a moral discourse and Office thus to divert reform anxieties about cinema” (123). This shows that “aesthetic practices were connected to ideological choices” (123). Grieveson goes on Sample Essay Papers Australian to list other writers who have shown “the social embeddedness of textual practices” (123), including William Uricchio and Dental Manager Performance Appraisal Roberta Pearson, Sumiko Higashi, Richard Maltby, and Apa Format Style Papers others. Grieveson mentions his own work in this line of Nutrition Facts Additional, inquiry, which focuses chiefly on content and the social function of cinema (123).

All this work “makes clear the complex connections between [sic] aesthetics, commercial goals, and practices of politics and power” (124). It obliges historical poetics to go further in “situating institutional and textual pressures in a broader social, political, and cultural history” (124). Papers Australian? Grieveson concludes that we must “push at the borders of texts and of aesthetic histories” (124), at least partly because a focus on the films’ form and style itself replicates the separation of cinema from the realm of Facts Can Get Additional Details At, “social, political, and cultural histories” (124). Several of Grieveson’s points illustrate objections I’ve made earlier in these reflections. He doesn’t state what research question he’s pursuing; instead, he’s interested in integrating several lines of research into a metadiscourse about history. His primary interest is methodological: the only question he poses explicitly is Apa Format Sample Paper Buy Apa Papers that of “the divisions and possible connections between formalist historiography and Computer Science Resume Sample. Over Resume the practices of cultural history” (122). But he doesn’t consider the possibility that the Apa Format Sample Paper Papers divisions aren’t differences of principle and the connections just might not exist. Once you consider the Dental Office Performance Appraisal particular questions that the researchers are pursuing, it’s not clear that the Style Papers lines of inquiry intersect in any enlightening way. 2.

Moreover, the Service Skills Resume. Customer Service Resume connections that Grieveson proposes ignore the concrete questions and nuanced answers that are the stuff of the Sample Essay Paper Buy Apa Style Papers Australian historical research he traces. To go back to the book that launches his case: The Classical Hollywood Cinema contains hundred, perhaps thousands, of empirical claims, and Good Service Resume. these form many strands of argument. At times, to give a sense of the contours of our general position, we encapsulate those factors as aesthetic and industrial ones. But Grieveson ignores the Sample Paper Buy Apa range and depth of empirical generalizations on which our summary labels rest. Instead he takes “the aesthetic” and Office Appraisal “the industrial” as themselves historical forces. This abstraction (Higashi might call it reification) of a variety of particular claims functions strategically in Grieveson’s argument: it makes it possible for him to say that many scholars have also talked about “aesthetic” factors. But the contributions of Uricchio, Pearson, et al., whatever their virtues, don’t talk about the aesthetic issues broached in CHC . They don’t consider those norms of composition, lighting, cutting, sound and color practices, narrative structure, narration, and the like that are at the core of our book. Nor do they trace the Apa Format Sample Paper Papers Australian development of the mode of productionthe division of | Premium Resume, labor, the Sample Essay Style Australian chain of command, the development of the Automotive | Premium Samples script as blueprint, and so on. The scholars itemized are for the most part simply asking other questions. Gunning’s inquiry, it’s true, intersects with ours, but his concept of Apa Format Sample Paper Buy Apa, linearity is far broader than the particular narrative strategies we trace.

Grieveson could have usefully compared Gunning’s rather broad account of “linearity” with Thompson’s section of Dental Office Appraisal, CHC , which explores in a more detailed way the debt of early film’s storytelling strategies to particular literary and theatrical practices (e.g., the short story and the skit). But this wouldn’t have enabled him to Apa Format Sample Essay Buy Apa Papers Australian make the simpler, starker contrast (aesthetics/ culture) on Office Manager Appraisal which his essay rests. If Grieveson wants to Apa Format Buy Apa press at the boundaries of “aesthetics and textuality” he should be prepared to show how the focus of his concernregulationaffects any of the factors that we trace out in CHC . Does regulation, or response to “reform anxieties” (a force that will have to Automotive Resume Template | Premium Resume Samples do a lot of explanatory work), tell us why we have dialogue hooks, montage sequences, goal-oriented protagonists, and a switch from orthochromatic to panchromatic film stock? It seems unlikely. Consider the Papers counterfactual: Wouldn’t Hollywood cinema remain just as much a zone of “harmless entertainment” if the “tableau style” of the 1910s persisted through the 1980s? It seems to me that the “generative mechanism” Grieveson postulates is a distal cause, or precondition, for phenomena that need finer-grained explanation. When someone suggests that we must go beyond aesthetics, I want to How To Handle “difficult” Freelance reply: Please show me that you’ve gotten to Apa Format Sample Essay Buy Apa Papers Australian aesthetics in the first place. Of course not all the phenomena we consider in CHC are far removed from the sort of explanatory factors some historians prefer. Many factors we delineate, particularly those bearing on the division of labor and order of production, are plainly tied to the economic practices of U.S. capitalisma point made repeatedly by Ingredients * You Can Get Additional Details, Staiger in Sample Paper Style Papers the book.

But I’d insist that there may well be no cultural reason, of any perspicuity, why filmmakers switched from orthochromatic to panchromatic stock; it may be that the “most pertinent and proximate” explanations are wholly industrial and aesthetic. I suspect that many of the Resume Over 10000 Cv And Resume Samples norms we trace, at Style Papers Australian, various levels of generality, are satisfactorily explained without invoking modernity, reform anxieties, moral discourse, or other factorssimply because every explanation must stop somewhere, and How To | Hello Rindle it’s impossible to spell out all the preconditions for any historical event. But historians who believe that every explanation for anything is in the last analysis social or cultural won’t accept this. So if it makes anyone sleep better at night, I’d suggest that she or he tack onto every explanation that CHC ascribes to the “mode of film practice” the clause “and this mode exists because of bourgeois ideology/ reform anxieties/ juridical intervention/ modernity/ all of the above.” Behind Grieveson’s effort lies an assumption that my efforts to sketch a historical poetics, despite my avowals otherwise, have ignored cultural explanations. “In practice, for Bordwell, as for other formalist scholars [ what other formalist scholars?], cultural causes are relegated [sic] in importance, and Apa Format Sample Paper Style the methods for connecting culture and aesthetics are subject to critical scrutiny” (122). This is revealing, implying that cultural historians of Dental Manager, film don’t subject their methods to critical scrutiny. Sample Buy Apa Style? (On the whole, I think this assumption holds good.) But in my case the objection falls wide of the mark. I’ve criticized certain sorts of cultural explanation of form and style, but not all. Facts Additional? Grieveson wants to find how aesthetic inquiry can be integrated with cultural explanationfair enoughbut he looks only at Apa Format Sample Paper Buy Apa Style Papers Australian, cultural histories that have touched on aesthetic matters. Template | Premium Resume? He doesn’t, however, look at Apa Format Sample Essay Paper Buy Apa Style Papers, aesthetic work that invokes cultural matters, e.g., my own. Wait! someone may say. Bordwell practices “formalist” history, and we all know that that ignores social and cultural factors.

Wrong. If Grieveson had looked at my book Ozu and the Poetics of Cinema presumably a text worth examining for someone trying to comment on Science Resume Sample. 10000 Cv And my conception of a cinepoeticshe would find an Apa Format Essay Buy Apa Style Papers Australian, effort to “connect culture and aesthetics”; except that the “culture” is conceived in far more specific terms than he lays out, and the “aesthetics” likewise. Apprentice Resume? He could also turn to my accounts of Apa Format Essay Paper Buy Apa Style Australian, Socialist Realism and government policy in The Cinema of Eisenstein , and to my proposal for a “dialogical” or conversational model of films’ relation to Apprentice Template audiences, floated in Planet Hong Kong: Popular Cinema and the Art of Entertainment . In some essays, such as “Conventions, Construction, and Cinematic Vision,” I’ve discussed the Sample Paper Papers Australian prospect that some cinematic techniques fulfill culturalindeed, cross -culturalfunctions. (Contingent universals are the third rail of cultural history.) Finally, just because I’ve criticized the modernity thesis as formulated by the Benjaminians, it doesn’t mean that I don’t think modernity is important. Many who think that I’m hostile to Apprentice Template | Premium Resume Samples modernity explanations will probably be startled to Apa Format Sample Essay Buy Apa discover that the Ozu book (published in Appraisal 1988, well before most of the Apa Format Sample Essay Paper Style Papers recent statements about Modernity) develops several arguments about modernity in 1920s and 1930s Japan. Dental Manager Performance Appraisal? For instance, I suggest that modernization shaped the (ideologically constructed) conception of Apa Format Sample Paper Buy Apa Australian, “everyday life” in Japanese films.

More broadly, that book surveys several alternative methods for “connecting aesthetics and culture.” Grieveson betrays no awareness of Handle “difficult” Clients | Hello, any of Apa Format Sample Essay Australian, my arguments in this domain. Like many commentators, he seems to think that I do the same thing in Dental Office Appraisal every research project. Because I don’t invoke culture very much in my sections of the The Classical Hollywood Cinema because I couldn’t determine its relevance to the questions at the center of Apa Format Sample Essay Paper Papers, that projectit doesn’t mean I don’t invoke culture in Handle Rindle other projects, when the research makes that a plausible input for my explanation. Rather than declaring that “connecting culture to Style Papers Australian aesthetics” is alien to my version of Retirement Of Resignation Employee Leave A, historical poetics, Griveson could usefully analyze (critically, of course) my efforts to invoke cultural factors in answer to particular questions of form, style, and theme. Before he undertakes this, though, Grieveson should get a firmer grasp of the concept of historical poetics of cinema as I’ve outlined it.

Granted, he quotes me on this matter, but to trace his slips, I must go through his gloss. Bear with me. Here’s the relevant paragraph, sentence by sentence: A critical practice of Apa Format Paper Style, historical poetics, Bordwell has proposed, “produces knowledge in answer to How To Handle “difficult” | Hello Rindle two broad questions about cinema: (1) What are the principles according to which films are constructed and by means of which they achieve particular effects? And (2) How and Apa Format Sample Essay Paper Buy Apa why have these principles arisen and changed in particular empirical circumstances?” [footnote] So far, so good. But note the emphasis on Manager constructive principles , something that distinguishes poetics as a research perspective (Aristotle, to start with), from hermeneutics.

We infer those principles from a wide array of Essay Australian, evidence, including the record of artists’ creative decisions and the design features of the films. The culture-centered research programs Grieveson invokes as examples of “the aesthetic” don’t typically take constructive principles into account. In proposing these questions, the project of Letter Employee Leave, historical poetics takes leave of interpretive criticism and theory, putting to one side questions about what films mean and how they resonate with cultural contexts to instead describe and explain formal norms. [footnote] The project of historical poetics doesn’t take leave of interpretive criticism; it includes it. As I indicate in Making Meaning , interpretation is part of a poetician’s critical practice. Why?

Because meanings are among the effects that have to be explained by Paper, constructive principles. Thus meanings are not “put to one side.” I emphasize in Facts Ingredients * You Can Get Additional the article Grieveson cites that thematics is Paper Buy Apa Papers one domain of poetics, and in my studies of Service Skills Resume. Customer, Ozu, Eisenstein, Dreyer, and others I try to show how form and style connect with theme by virtue of constructive principles. For example, the religious themes of Apa Format Sample Paper Buy Apa Style Papers Australian, Dreyer’s films are manifested in Customer Customer imagery of the prophetic book and the act of writing, and this imagery gives the narrative dynamic the quality of an already-achieved, even predestined series of actions. And as indicated above, in the Ozu book and Apa Format Buy Apa Style Papers elsewhere the historical poetics I practice doesn’t “put to one side” questions of how films “resonate with cultural contexts” (though that seems to me an imprecise way of putting the matter). Skills Resume. Resume? Finally, although formal norms are at the center of many of Sample Essay Buy Apa Papers, my projects, I’m also concerned with how filmmakers creatively rework them, something that Grieveson’s account doesn’t mention. The broad currency of Service Skills Customer Service, this critical project and historiographic method is, of course, widely visible in contemporary cinema studies, underpinning important and justly influential work by Bordwell and Thompson, in particular, and, as a consequence of the jointly authored textbooks Film Art: An Introduction and Sample Essay Paper Buy Apa Style Papers Film History: An Introduction , having an impact on widely shared pedagogical practices [footnote].

It’s hard to know what to make of How To Handle Freelance Clients, this rather woolly passage. Clearly something big is afoota “broad currency” is Apa Format Buy Apa Papers “widely visible” and has an impact on “widely shared” practicesbut what exactly? If Grieveson means to say that film poetics is one major approach in the field of film studies, I’d ask him, as a practicing historian, to prove it. I don’t find any evidence that it has anything like the “broad currency” of multicultural studies, postcolonial studies, gender studies, or the like. I have yet to hear of Skills Resume. Service Resume, any department deciding, “Well, we really must hire someone in historical poetics.” If anything, I have good evidence of the reverse: that anyone interested in pursuing these questions will not have an easy time finding a job in academic film studies. Significantly, while Grieveson offers a roll-call of names of Apa Format Sample Style Papers Australian, culture-centered historians, he cites as practitioners of “formalist history” only Kristin Thompson and myself. Whom does he have in mind?

What leads him to Computer Resume Sample. Over Resume think that our “project and method” are “widely visible”? Maybe it’s just that we publish a lot. Similar questions could be asked about the final phrases of the sentence. Apa Format Sample Essay Paper Style Papers Australian? As a historian, Grieveson should point to some proof that Film Art and Computer Sample. 10000 Resume Film History have had the impact he claims. More crucially, he needs to buttress his assumption that they are informed by the historical poetics research program. I think that this is a hard case to make. Film Art seeks to introduce aspects of cinema that every approach, even the most culture-driven, recognizes as significant for understanding film as an artform.

And with respect to Film History , it would surely be hard for Grieveson to make the case that we’ve failed to go beyond “the borders of texts and aesthetic histories” (124). Although the book concentrates on artistic and industrial trends across film history, it constantly brings in political, cultural, technological, and social causes. 3 To presume that these books rest centrally upon a conception of historical poetics, particularly Grieveson’s version of same, is just false. It’s always salutary when film historians reflect on their practices, but the results of this symposium, despite some significant moments of thoughtful reflection, indicate that far too many historians still worship Grand Theory, still hope for a master reconciliation of all research programs, still view empirical research through cloudy generalities, still write in a style that encourages gaseous thinking, and still misconceive efforts to understand cinema as an artform. Above all, for too many historians “culture” is the one ring to rule them all, the answer to every question anyone might want to ask. Back in the early 1960s Andrew Sarris launched his version of the Essay Buy Apa auteur theory in response to Resume Sample. 10000 two threats: the Apa Format Paper Buy Apa Style Papers Australian English teachers who wanted to claim cinema as a literary art, and the sociologists who took Hollywood movies as grist for observations about how the mass media promulgate distorted views of the world. In an ascending spiral, something similar seems to be happening today.

True, our littérateurs approach film through the Apprentice Resume | Premium Resume lens of Theory rather than the Great Tradition, while the culturalists write not in Sample Essay Paper Papers Australian the language of Talcott Parsons but of Michel Foucault. Yet the neglect of things aesthetic remains constant. Not the Historical Turn, then, but the Historical Return. 1 : Since one essay in the collection makes frequent reference to my own arguments, you might ask why I haven’t sought to reply in the pages of Cinema Journal . Some years back, in trying to rebut some more severe criticisms in “difficult” Freelance Clients CJ ’s pages, I learned that this journal doesn’t welcome debate, at least with respect to positions I’ve put forward. At that time, as I kept trying to reply, the editor delayed publication of my response for Sample Essay Paper Buy Apa Papers Australian a yearpartly in order to give the original author time to answer my rejoinder in Office Appraisal the same issue. A former editor of the journal also wrote me pleading me not to reply, on the grounds that the original critique would not be taken seriously by readers anyhow. In all, pretty amazing. Not wishing to repeat this experience, I’ve used this webpage to respond quickly to this symposium. I expect to use this forum for the same purposes in the future. 2 : Grieveson notes that I’ve been involved in praising or supporting the publication of projects that invoke cultural or political causes of film-related phenomena (124).

But he takes this to show that I support them because they fit an expanded definition of historical poetics. Actually, I support them because (a) I can support positions that disagree with mine; and (b) often they don’t disagree with mine because their controlling questions don’t overlap with mine. 3 : By the way, Grieveson errs in his footnote (no. 11, p. 125): He attributes authorship of Film History: An Introduction to “Bordwell and Thompson,” when in Style Papers fact Thompson is the first-named author. have comments about the How To Handle Clients state of this website? go here.

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This would be supported by a special regime as to costs and Retirement Letter Of Resignation Employee 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 Apa Format Paper Buy Apa Papers co operation between parties from the outset, supported by pre litigation protocols on disclosure and experts. The courts would further be able to give effect to their disapproval of a lack of co operation prior to litigation. Automotive! Furthermore, the Apa Format Sample Paper Papers, court would play a greater role in encouraging the use of Freelance Rindle, ADR at 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. The duty of experts to the court would be emphasised. Single experts, instructed by the parties, would be used whenever practicable. Opposing experts would be encouraged to meet or communicate as early as possible to Essay Paper Buy Apa Australian, 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 Skills Customer Resume special rules for specific types of Essay, litigation would be reduced to a minimum. All proceedings would also be commenced in the same way, by How To Handle “difficult” Freelance, way of a claim.

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The court would be responsible for 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 Apa Format Sample Paper Style, old pre CPR scale of discovery would be possible but in How To Handle “difficult” Freelance | Hello Rindle the majority of Sample Paper Australian, cases there would be a new standard test for more restricted disclosure. Service Service Resume! 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 appeal. The timescale of litigation would be shorter and more certain. All cases would progress to trial in accordance with a timetable set and Sample monitored by the court (rather than be controlled in the best part by How To “difficult”, litigants themselves).

For fast track cases there would be fixed timetables of no more than 30 weeks whilst the Sample Essay Buy Apa Style Australian, court would apply strict sanctions to parties who do not comply with the Resume Samples, procedures or timetables. Appeals from case management decisions would be kept to the minimum, and be dealt with expeditiously. Furthermore the Apa Format Sample Essay Paper Style Australian, court would determine the length of the trial and what is to happen at the trial. Handle “difficult” Clients! Lord Woolf also proposed that the cost of litigation be more affordable, more predictable, and more proportionate to Apa Format Sample Paper Papers Australian, 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 Appraisal, the parties and approved by the court. There would be a special 'streamlined' track for lower value or less complex multi track cases, where the procedure can be made much simpler with appropriate budgets for costs. In cases where the Essay, 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 further the overriding objective. It would be that there should be allowed such sum as is Handle Clients reasonable taking account of the interests of both parties to the taxation. Lord Woolf also proposed that those parties of limited financial means would also be able to conduct litigation on Essay Buy Apa Style Papers Australian, a more equal footing. Office Manager Performance Appraisal! Litigants who are not legally represented would be able to get more help from advice services and Apa Format Paper Papers from the courts whilst procedural judges would take account of the parties' financial circumstances in allocating cases to 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 gain a tactical advantage over their opponents by additional expenditure. Furthermore, when deciding upon the procedure which is to be adopted the court would, if the parties' means are unequal, be entitled to make an order for Automotive | Premium Samples, a more elaborate procedure, conditional upon the other side agreeing to meet, in any event, the difference in Essay Paper Buy Apa Papers Australian the cost of the two possible procedures. This new approach would be supported by more effective sanctions, including orders for 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. Accordingly, the Head of Civil Justice would have overall responsibility for the civil justice system in England and Wales. Retirement Letter Format! The Presiding Judges on Apa Format Sample Essay Buy Apa Papers Australian, each Circuit would exercise their responsibility for civil work in conjunction with the two Chancery judges who would also oversee the Nutrition Facts Ingredients * You Details, 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. Lord Woolf felt strongly that the Apa Format Sample Essay Paper Buy Apa Style Papers, 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 more complex civil cases would be concentrated at trial centres which have the resources needed, including specialist judges, to Science Cv And Resume Samples, 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. Furthermore, the courts should have access to the technology needed to Apa Format Essay Paper Style Australian, 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 Cv And Samples 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 such areas as housing and medical negligence. Cases should therefore be dealt with by the part of the system which is 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 Apa Format Essay Buy Apa Papers housing work. Leaflets, videos, telephone helplines and information technology should also be made available to litigants. Resume. Resume! 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 Sample Buy Apa Papers Australian, 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 Template | Premium Samples so, despite the Apa Format Sample Papers Australian, fact that the number of potential claims must annually be tens of thousands, due to the fact almost every lease or tenancy of Format Of Resignation Leave A, any description of property is likely to Paper Style Australian, impose an obligation to repair upon the tenant or the landlord or both. Furthermore, in many cases, it is likely that those obligations would not have been fully complied with.

This is How To “difficult” Rindle 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 Essay Paper, 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 court whenever possible and are likely to Customer Resume. Customer Service, continue reducing the number of Essay Style Australian, dilapidations claims even further. When considering whether to “difficult”, make a claim for dilapidations against his tenant, a landlord will be influenced by the nature of the event prompting him to Sample Essay Australian, 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. When a lease has a substantial number of 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. Good Customer Service! This is because the theoretical diminution in Apa Format Sample Style the value of his reversion is only a loss on paper. On the other hand, should the landlord wish to Good Customer Service Skills Resume. Customer Service Resume, sell his reversion or raise substantial finance on it, the Sample Style Papers Australian, paper loss could become a reality, in which case he may wish to 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 | Premium Samples, repairing obligations of the lease include instances where a tenant proposes an Apa Format Sample Essay Paper Papers, assignment of a term, in cases of emergencies (where there is an unforeseen failure of the Handle Freelance Clients Rindle, part of the structure of the building which the Apa Format Sample Paper Style, 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 event prompting his consideration of the claim, the nature of the 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 a compromise have failed. The Pre-Action Protocol for Housing Disrepair Cases requires extensive steps to be taken with a view to Science 10000 Cv And Samples, formulating, clarifying and settling residential disrepair claims in order to avoid resorting to court procedures. The Protocol is framed in Apa Format Sample Papers terms reflecting the practical reality that such claims are almost inevitably brought by tenants against 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 Nutrition Facts Ingredients * You Can Get, existence of the Property Litigation Association's recommended Protocol for Terminal Dilapidations Claims for Damages will influence practice and is likely to Apa Format Sample Essay Paper Papers, be treated by the courts as representing best practice (this issue is discussed in more detail below). Even prior to Automotive Apprentice Resume Samples, the CPR, it was considered courteous and sometimes essential for 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 proposed defendant was willing to satisfy the claim, by either making a payment or carrying out works in Paper Buy Apa Style 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 generally marks the point from which the Ingredients * You, expenses of pursuing the claim could be recovered as costs in the proceedings. In light of the fact one of the aims of the CPR was to reduce the number of Essay Paper Buy Apa Papers Australian, claims that went to court, it places a great emphasis on the steps which the parties should take so as to settle their differences prior to the commencement of 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 Customer Service Skills Resume. Customer Service, default. The pre-action protocols as introduced by the CPR outline the steps parties should take to seek information from and to provide information to each other about a prospective legal claim. Apa Format Essay Paper Buy Apa Style Australian! The objectives of How To “difficult” Rindle, protocols may be described as being: (1) to encourage the Apa Format Sample Essay Style, exchange of early and full information about the prospective legal claim, (2) to enable parties to Automotive Resume Template | Premium Resume, 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 Sample Essay, court to Automotive Template Samples, take into account compliance or non-compliance with any relevant protocol when giving directions, and further entitles the court to order a party who has failed to comply to 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 Apa Format 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 Automotive Template Resume 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 Sample Essay Style Papers Australian, costs and interest). In such instance, the Template Samples, court will seek to place the innocent party in no worse a position than he would have been in 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 Paper Buy Apa Papers Australian, procedure as required by the protocol. Ingredients Details! In the Apa Format Sample Buy Apa, 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 Customer Service Resume. Customer Service Resume, claim within the time fixed by Apa Format Paper, the relevant protocol, or by not making a full response within the time fixed or for not disclosing documents that are required to Apprentice Samples, be disclosed.

All parties are expected to comply in substance with the terms of an Style Australian, approved protocol. The court is not however, likely to be concerned with minor infringements of the Practice Direction or protocols, but rather on the effect of non-compliance on Customer Resume. Customer Resume, the other party when deciding whether sanctions should be applied. At present, and Apa Format Essay Paper as referred to above, no protocol for Office Appraisal, general use in dilapidation cases has been approved by the Lord Chancellor's Department for the purposes of the CPR. However, a Pre-Action Protocol for Housing Disrepair Cases came into force on December 8, 2003. This protocol is confined to claims relating to residential premises and includes (but is not limited to) social housing. Apa Format Sample Essay Buy Apa Papers Australian! Furthermore, it is Automotive Resume Template Resume 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 Sample, judiciary and the relevant affected professions, the Property Litigation Association has published a Protocol for Terminal Dilapidations Claims for Damages. The document was the result of work by Service Skills Service Resume, the Sub-Committee on 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 Apa Format Sample Paper Papers Australian, express their views on Automotive Apprentice | Premium Resume Samples, the proposed protocol. Apa Format Sample Essay Paper Style Papers Australian! The Protocol has since been sent to Handle “difficult” Freelance Rindle, the Lord Chancellor's Department for Apa Format Sample Paper Papers Australian, adoption as an approved Protocol under the CPR although at 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 Resume 10000, 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 Sample Paper Style Papers Australian, court will expect the Good Service Skills Resume. Service, parties, in Sample Essay accordance with the Dental Office Manager Performance, overriding objective and the matters referred to 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 Essay Papers, necessity for starting proceedings.

It is however, reasonable to expect that the court will accept the suggestion made in the introduction to the Protocol for Terminal Dilapidations Claims for Handle, Damages that it should treat the Apa Format Essay Paper Style Australian, 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 distinctions between claims that were within the jurisdiction of the High Court and the County Court. Science Sample. Over 10000 Cv And Resume! 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 the process of transfer from one court to another and not by formal limits on jurisdiction. Notably, an exception to Sample Paper Papers, 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 dilapidation claims that should be noted is that, due to their inherent technical complexity, they are particularly suited to Computer Over 10000 Cv And Resume Samples, be tried in the Technology and Sample Essay Buy Apa Construction Court (discussed below). The Technology and Construction Court. Official Referees as the Good Skills Resume. Service Resume, judges of the Apa Format Sample Essay Paper Buy Apa Style, 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 Resume Sample. Over Cv And Resume Samples, 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 Paper Buy Apa Style Australian, complex cases. When the CPR was first introduced, proceedings in Computer Science Resume 10000 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 Essay Style Papers Construction Court has been governed by Part 60 of the Good Service Skills Resume. Customer, 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 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 Apa Format Sample Buy Apa Style Papers, 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 County Court, in which case the application should be made to that other court. In light of the changes made by the CPR (as well as earlier changes made by the Courts and Legal Services Act 1990 and the High Court and County Courts Jurisdiction Order 1991), there is now no instance in which proceedings for either forfeiture or damages or both to have to be taken in Of Resignation Leave 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 Act, must therefore be brought in Sample Style Papers the county court, and that the High Court no longer has jurisdiction to grant leave. 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 Ingredients * You Additional Details, 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 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 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 probabilities. This includes the service and validity of the Essay Paper Papers, s.146 notice, the existence of breaches of covenant, the existence of grounds under s.1(5) of the Act as well as any matters on Dental Office Manager Appraisal, which the landlord relies to Apa Format Sample Essay Paper Buy Apa Style Papers, show that the discretion should be exercised in his favour. Accordingly, it is necessary to gather the evidence in relation to Retirement Format Employee Leave, an application for leave carefully, particularly in Apa Format Essay Style Papers cases where the Computer Resume Sample. Resume, application is opposed.

If proceedings are commenced under Part 8, the landlord as Claimant must file any written evidence he seeks to rely on, at the same time as he files his claim form, and must serve it on Sample Essay Papers Australian, the defendant when serving the Sample. Resume, claim form. The evidence will usually be in the form of Sample Paper Style, witness statements, although in Good Skills Resume. Customer Service addition, the claimant can rely upon Style Papers Australian any statement in the claim form as evidence, so long as this is verified by a statement of truth. The normal rules of 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 detail of the schedule of dilapidations, meaning the defendant is likely to Retirement Employee Leave A, 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 Apa Format Sample Essay Style, 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 Apprentice, adequately explain the true nature of the grounds and Apa Format Essay Paper Buy Apa Style Papers supporting facts upon which the application was based. Automotive Resume | Premium! This was criticised by Megarry V.C in the case of Essay Paper Papers Australian, Land Securities Plc v Receiver for Samples, 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 Apa Format 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 even more important that the evidence filed on behalf of the landlord sets out the “difficult” Freelance | Hello, landlord's case fully. Part 24 of the Sample Essay Papers, CPR provides the court with powers to give summary judgment against a claimant or defendant on the whole of a claim or on a particular issue if it considers that the claimant has no real prospect of succeeding in Format Of Resignation Employee Leave the claim or issue or that the defendant has no real prospect of successfully defending the claim or issue, and 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. Sample Paper Buy Apa Style Papers Australian! 14 in the ability with which it gives to the defendant to Resume Sample. Over Cv And, 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 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 Sample Essay Style Papers Australian 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 application notice or evidence to identify concisely any point of law or provision in a document on Skills Resume, 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 be made where it is obvious that there exist at Apa Format Sample Paper Buy Apa Australian, least some items of Good Service Customer Service, disrepair for which the defendant is Apa Format Essay Papers liable. If so, the Computer Resume 10000 Cv And, claimant will seek to Apa Format Sample Buy Apa Style Papers, 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. Office Manager Performance! Firstly it may be argued that technically the mere proof of breaches is not enough so as to entitle the claimant to damages to be determined.

Arguably, the claimant will also have to 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 Apa Format Paper Buy Apa Australian, any damages, including nominal damages, by virtue of the provisions of s.18(1) of the Landlord and Dental Manager Performance Tenant Act 1927. Therefore it may be said that mere proof of breach does not entitle the claimant to anything, on Apa Format Paper Papers, the contrary, if it should turn out that the breaches did not cause a diminution in reversion, the Dental Office Performance, Claimant's claim should be dismissed with costs. This argument may be successful in cases where only Essay Paper Buy Apa Papers Australian a small number of breaches can definitely be proved and it is less likely to prevail in cases where it is obvious that there are a large number of items for Can Get Details, which the Apa Format Sample Paper, defendant is responsible. Accordingly in that instance the court may conclude that it is sufficiently likely that some diminution has been caused for judgment for damages to be determined to be appropriate. Secondly, if the court orders damages to 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 Facts Ingredients Additional Details, damages will in effect be trying the Apa Format Essay Buy Apa Style Papers Australian, question of breaches for How To Handle “difficult” Clients Rindle, a second time. Even if the court finds that a particular breach exists at the hearing of the application for Apa Format Essay Buy Apa Style, summary judgment, the nature of that breach will have to be gone into again on the determination of Service, damages, because it will be relevant at that stage to consider what is the appropriate remedial work. This is illustrated in Apa Format Sample Essay Paper Buy Apa Style Papers 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 determine damages, it will be necessary to enquire whether the covenant requires the roof covering to be replaced in its entirety, or whether localised patch repairs will do. It is thought that for these two reasons, summary judgment will normally be an Good Customer Skills Customer Resume, unnecessary extra step that does not really achieve anything in Apa Format Sample Paper Papers dilapidation cases, and will tend to delay the final judgment as well as increase costs. A further complication arises where the claimant's claim is not for damages at the expiry of the Retirement Of Resignation Employee, term but for forfeiture of the lease and damages. Sample Essay Papers! 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 Computer Resume Sample. Over 10000 Resume Samples, application will have to decide what the items of disrepair for 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 investigation is of essentially the Apa Format Buy Apa Style Australian, same matters that would have to be investigated on the determination of damages. Accordingly it would be necessary to Computer Science Resume 10000 Cv And Resume, ensure that the application for relief and the determination were heard by the same court as part of the same hearing. It is accordingly thought that in many instances where the claimant seeks summary judgment for damages to be determined, the court ought properly to conclude that there is another reason why the case or issue should be disposed of at a trial within the meaning of Part 24.2(b). In such cases it seems that the court should dismiss the Apa Format Sample Essay Style Papers, application as the court will no longer follow its former practice of giving leave to defend.

For the How To Handle “difficult” Freelance, 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 Apa Format Sample Essay Paper Papers the tenant's morale by having lost the Resume, first round. More importantly, judgment for 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. Apa Format Sample Essay Style Papers! At the worst case scenario, new proceedings may be struck out under CPR, r.3.4 as being an abuse of process, because the Dental Appraisal, landlord should have included all the breaches in the previous proceedings. Notably a tenant against whom judgement for damages to be determined is given, should ensure that the order makes clear that he is, on the determination, entitled to dispute the individual items in the schedule. Apa Format Sample Buy Apa Style Australian! 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 Dental Manager Performance Appraisal 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 Apa Format Style Papers Australian, 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 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 How To Freelance | Hello the judge during the trial and facilitated the understanding of evidence. It is Essay Paper Buy Apa Papers Australian 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 Good Customer Skills, schedule lies with the Sample Papers, claimant. The document must set out under appropriate headings the claimants case in relation to liability and quantum on an item by Facts Ingredients * You Can Get Details, 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 know what the Apa Format Sample Essay Paper Style Australian, issues are and it is important that the defendant pleads his case properly in the Scot Schedule. A bare denial of liability for a particular item is not helpful in advancing the case.

For example, where the Letter Format Employee, claimant pleads in column (x) that the Sample Paper Buy Apa Australian, 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 not torn or holed at all as alleged or that the roof is torn or holed, but not to Science Sample. Cv And, the extent as alleged by the claimant. Accordingly, it is important for the defendant to set out whichever of these is in fact his case. It should be stressed that the Scott Schedule is Sample Papers Australian designed to encapsulate the parties' respective cases in relation to the detailed items of How To Freelance Clients | Hello Rindle, claim, and is taken to be without prejudice to Essay Paper Australian, any defence of a general nature that has been raised in relation to liability or quantum. Science Resume Sample. Over 10000 Cv And Resume! In admitting that items of disrepair existed and that remedial works were necessary to Apa Format Sample Buy Apa Style Australian, make things right at Apprentice Resume | Premium Samples, a certain cost, the defendant is not admitting that these repairs are in fact his liabilities under his covenants, or that the cost of remedying the Essay Papers Australian, defects is relevant to “difficult” Clients Rindle, the quantification of the claimant's loss if any. These general defences should be raised in Apa Format Buy Apa Papers the defence in the ordinary way and Service Resume. Resume need to Essay Buy Apa Australian, be repeated in the Scott Schedule.

This type of schedule not only works to Template | Premium Resume, save time during the proceedings, but also helps to concentrate the minds of the Apa Format Essay Paper Buy Apa Papers, parties at a relatively early stage upon Automotive Apprentice Template | Premium Resume 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 reach a realistic compromise. Disclosure enables one party to litigation to obtain the Apa Format Sample Essay Buy Apa, right to inspect and if desired to request copies of 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 Tenant Act 1927, and in particular whether the Of Resignation Leave, landlord intended to Sample Papers Australian, redevelop the Retirement Format Of Resignation Employee Leave, premises following the termination of the lease. Essay Buy Apa Australian! In such cases disclosure enables the tenant to “difficult” Freelance | Hello, see not only those documents that are available to the public at 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 documents that adversely affects their own case or adversely affects or supports another party's case and to make and Essay Buy Apa Australian 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 inspect the documents in the list, except where there is a right to withhold inspection, or where it is considered that it would be disproportionate to the issues in the case to Apprentice | Premium Samples, allow disclosure of those documents. The right to withhold a document arises where a successful claim for privilege can be made. Documents that contain advice from legal advisers on 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 expiry of the lease as to Paper Australian, his prospects of obtaining planning permission for a redevelopment, his instructions to his solicitor, the Format Of Resignation Employee Leave, solicitor's instructions to counsel and counsel's opinion would all be privileged. However, other advice the same landlord may have obtained in relation to Paper Style Papers Australian, the proposed development, for example from a valuation surveyor as to Customer Skills Service Resume, the viability of the Apa Format Sample Essay Paper Papers, scheme, would not be privileged.

Another head of privilege that may be of relevance in | Premium Samples such instances is the head of privilege protecting from disclosure documents which came into existence with the predominant purpose of being used in the preparation of Apa Format Sample Paper Style Australian, actual or contemplated litigation. 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 Nutrition Ingredients Additional Details At, 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. 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 valuer took into account the state of repair of the Sample Essay Paper Buy Apa Style Papers Australian, demised premises, but it would cover a report prepared by the same valuer for the purposes of countering the Computer Science Over 10000 Resume, 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 Apa Format Style, courts as to the award of interest. Automotive Template | Premium Resume Samples! The court has power to award simple interest at 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 Apa Format Paper Style, period between the Automotive Apprentice Template | Premium, date when the cause of action arose and the date of Sample Essay, payment or judgment, whichever is the earlier. Interests may be calculated at different rates in relation to different periods. Office Manager Performance! To award interest is not to punish the defendant but to compensate the plaintiff for Apa Format Sample Essay Buy Apa Style Papers, being kept out of his money. Accordingly, whilst the court maintains an overriding discretion not to award interest, in Automotive Apprentice Template | Premium Resume Samples 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 Apa Format Essay Buy Apa Style, date on which the cause of action arose until the date of judgment. This means that interest on damages for failure to yield up in How To Freelance Clients Rindle repair will run from the Sample Paper Papers, term date of the Computer Science Resume Sample. Over Cv And, lease until the date of Buy Apa Papers Australian, judgment.

Notably this fact must be taken into consideration by tenants who are considering making a Part 36 payment. The rate of interest will be within the 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. Interest was awarded on that sum from the term date of the lease. Facts Ingredients * You Can Get Additional At! In Craven (Builders) Limited v Secretary of State for Health the diminution in Apa Format Buy Apa the value of the reversion was assessed at £40,000. 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 Resume. Customer Service Resume was in breach of Apa Format Sample Paper Style Papers Australian, a court order to set down, in bringing the action on “difficult” Rindle, for trial. Essay Paper Style Papers Australian! 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 How To “difficult” Clients, 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 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 Apa Format Sample Essay Paper Papers Australian, tenants who are liable to pay the cost of work carried out by the landlord under a covenant allowing him to enter and carry out remedial work at the tenant's expense. If the debt is paid prior to 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 Office Manager, landlord will be entitled to ask for interest to be awarded in Apa Format Buy Apa Papers Australian relation to the period beginning on the date when the liability to Dental Office Performance, pay arose. Where the defendant is an original tenant, the interest may be awarded from the date of the Apa Format Sample Essay Paper Buy Apa Style Papers Australian, 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 which the defendant first became aware of the assignee's default. Chapter 3 - The role of the Expert Witness. The subject of Apprentice Resume Samples, expert witnesses has figured prominently throughout the consultative process. Apart from 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 Essay Buy Apa Style Australian this area. The key, as will be discussed in more detail below, was a re-emphasis on the true duty of the expert to inform the court rather than to Dental Appraisal, justify the position of the party paying his fees. Furthermore, when the new CPR came into force, there was concern at the concept of the single joint expert, the strong desire to Sample Essay Paper Buy Apa Australian, keep expert evidence to a minimum and the requirement to How To Freelance Clients | Hello Rindle, inform the court of expert availability on allocation of the case. The CPR have now been operating for a few years, and unsurprisingly expert evidence in general has generated a high level of case law at appellate level. Apa Format Paper Buy Apa Style! Case law tends to show that the role and Dental Manager Performance Appraisal duties of experts is evolving, mainly as a result of the court's emphasis on Sample Buy Apa Style Papers Australian, proportionality.

The courts are now taking a firmer hand regarding all aspects of 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 necessary. The reduced use of Resume Template, expert evidence is, however, not to be perceived as diminishing the value of expert evidence. It is recognised that there are cases where expert evidence will still clearly be necessary. Judges cannot be experts in Essay Papers Australian everything. Apprentice Resume Template Samples! 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 Sample Essay Paper Buy Apa Style Papers, preferring one expert's evidence to How To Handle | Hello Rindle, another's.

The impact of the CPR on expert evidence can be assessed by reviewing the Paper Style Australian, 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. The Access to Justice Final Report recommended a new approach which emphasised the expert's impartiality which was embodied in Service Skills Resume. Customer CPR r.35.3. As May L.J highlighted in his keynote address to the EWI annual conference in October 2001, you [experts] have an Apa Format Sample Style Papers Australian, overriding duty to the court. a duty which overrides any obligation to the person from whom you have received instructions or by whom you are paid. You are not there to Facts Additional, 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 shadow experts with whom a party could discuss the Apa Format Sample Essay Buy Apa Australian, full merits of How To, his case without concern that those discussions could be stripped of Paper, privilege. This does not seem to have materialised before the courts although anecdotal evidence suggests it is Customer Service Resume. Customer happening to a certain extent behind the scenes. CPR r.35.7 introduced the Apa Format Sample Essay Paper Australian, concept of the single joint expert.

The idea being that parties are strongly encouraged to 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. Letter Format Employee Leave A! 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 Sample Buy Apa Papers Australian, appoint experts for each party as well as the Format Of Resignation Employee Leave, single joint experts, the costs of Apa Format Sample Paper Buy Apa Style Australian, which would be irrecoverable. In fact, the concept of the Good Customer Skills Resume, single joint expert has been creatively adapted to Apa Format Sample Essay Style Papers, suit different matters and courts. Can Get Details At! The courts have in Apa Format Essay Papers 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 Letter Leave A the sums at state, will still warrant each party having its own experts.

The courts have furthermore enthusiastically taken up the spirit of written questions to Sample Essay Buy Apa Style, experts provided for by CPR r.35.6, whereby a party may put to Handle “difficult” Freelance, the other side's expert or a single joint expert, written questions about Sample Style Papers his report. The advantage of this procedure is that it reduces the need for Resume | Premium Resume, cross-examination at trial and Apa Format Sample Essay Paper Buy Apa Style Australian 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 Format Employee A, a properly qualified expert on an issue within his or her field of expertise can often give a judge invaluable help in finding a sound answer to problems arising in Apa Format Sample Essay Buy Apa Australian 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 Automotive, considerations of partisan advantage. An important aim of the 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 extra ordinary number of decisions, clearly highlighting the importance which litigating parties attach to issues concerning expert evidence. Sample Buy Apa Papers Australian! Firstly, money would not be spent disputing these issues if parties did not think they really mattered. But secondly, the decisions of the Customer Skills Resume, courts show that the new rules are making a demonstrable impact on practices and habits of Sample Essay Australian, thought which were once tolerated but no longer are. Dental Manager! New and Apa Format Essay Paper Australian much more rigorous demands are made of Template Resume Samples, 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 Buy Apa Style Papers Australian, 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 any expert evidence and any application for permission must identify the field of the expertise of the Manager, expert to Apa Format Sample Paper Buy Apa Papers Australian, be relied upon 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 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 attend the Manager Appraisal, hearing.

The court will use its case management powers to provide the appropriate directions under the Apa Format Sample Paper Style, CPR in 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. The purpose of Handle “difficult” Freelance, Part 35 is Apa Format Sample Buy Apa Australian made clear by Apprentice Resume | Premium Resume Samples, the following note which appears at the start of the Practice Direction, Part 35 is intended to limit the use of oral expert evidence to Apa Format Essay Paper Buy Apa Style, 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 call an expert or to Format Of Resignation Leave, put an expert's report in evidence. The case of Sample Essay, Field v Leeds City Council provides an Good Service Skills Customer Service Resume, interesting insight to the requirements the Buy Apa Style, 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 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 Good Customer Skills Resume. Customer Service disrepair matters for the council. The Court of Appeal held that in principle, there was no objection to Essay Paper Buy Apa Style Australian, a person who is Automotive Apprentice Resume Template | Premium employed by one of the parties being called as an Essay Style, 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 Dental Manager Performance Appraisal, 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 Apa Format Buy Apa Style Australian, assist the court on matters within his expertise. In the Nutrition Can Get At, case of 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 the relevant provisions of the CPR. The Royal Institution of Chartered Surveyors further published a Practice Statement and Sample Essay Buy Apa Style Papers Australian Guidance Notes for Surveyors Acting as Expert Witnesses . This statement had three particularly prominent features. Firstly members of RICS who accepted an Retirement Letter Format Of Resignation Employee, appointment to act as expert witness were required to draw to Apa Format Essay Paper Buy Apa Papers, the attention of Apprentice Template, their lay clients, at the time the instructions were accepted, that the Practice Statement applied. Secondly, compliance with the Practice Statement was made a requirement of Essay Buy Apa, professional conduct for members of the RICS in performing the function of an expert witness, so that a failure to comply would amount to Nutrition Facts Additional Details, a disciplinary offence.

Thirdly, it required a member, in the body of Apa Format Sample Paper Style, any expert report which he compiled in the capacity of a witness, to set out his duties under the Facts * You Additional At, Practice Statement and to confirm that he had complied with them. Buy Apa Australian! This worked to bring the Practice Statement to Computer Science Resume Sample. Over 10000 Samples, the attention of the courts and other tribunals in which such evidence was given, as well as reminding the witness, every time he prepared such a report, of his duties. Similarly, the 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 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 content of expert's reports. In particular, it requires any such report to be verified by a statement of Apa Format Sample Essay Style Australian, truth confirming the expert believes the facts stated in his report to be true and that his or her opinions are correct. Furthermore, CPR r.35.10(2) also requires the Automotive Resume, expert to state at the end of his report that he understands his duty to the court and has complied with that said duty, echoing the similar declaration required by the RICS Practice Statement. All reports are to Style Australian, state the substance of all material instructions, whether written or oral, on the basis of which the report was written.

Furthermore, the Automotive Resume Template | Premium Samples, instructions provided are not to Apa Format Buy Apa, be privileged against disclosure. Notably it is Resume Over Cv And Resume also provided that the Apa Format Sample Essay Style Papers, court will not order disclosure of Computer Science Resume Sample. Over 10000 Resume Samples, any specific document or allow any questioning in court by the other party in relation to those instructions, unless the court has reasonable grounds to consider that the statement of the substance of the instructions is Style Papers inaccurate or incomplete. It was originally intended that a Code of Guidance for Expert Witnesses would be prepared and Computer Science Resume Cv And Samples annexed to the Practice Direction. However, aster a long delay at the time when the CPR were being prepared, the Master of the Rolls authorised in 2001, the publication of the Code of Guidance on Apa Format Sample Buy Apa Style Australian, Expert Evidence: A Guide for experts and those instructing them for the purpose of Dental Office Performance, 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 Apa Format, CPR is the Retirement Letter Leave, court's power under r.35.7 to direct, in cases where two or more parties wish to 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 Apa Format Paper Buy Apa Style Papers, 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. Those parties which do not wish to do so, are not required to instruct the joint expert and may challenge his evidence in 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 Computer Resume Samples, 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 Apa Format Sample Paper Buy Apa, Rules permit the Court to Service, require the parties to Apa Format Sample Essay, use a single expert. This is not a matter of choice for the parties. In the absence of Customer Service Skills Customer, 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 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 unrestricted. The court has a wide discretion and that discretion has to be used in order to further the overriding principles set out in Style Australian Part 1 of CPR. Making reference to the framework as provided by the Rules, Lord Woolf stressed that the 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 Dental Appraisal, 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 expenses and any inspection, examination or experiments the expert may wish to carry out. Apa Format Paper Buy Apa Papers Australian! Furthermore, the Nutrition Ingredients * You Additional Details, court may also limit the amount that can be paid by way of Sample Buy Apa Style Australian, fees and expenses to the expert, prior to the instruction of the latter, and order the Office, instructing parties to pay that amount into court. Importantly, unless the court directs otherwise, the 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 disciplines relevant to Apa Format Buy Apa Style Papers Australian, the particular issue, a leading expert in 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 Good Service, any reports from experts in Sample Paper Style Australian other disciplines. In a dilapidations case, for example, the Performance, court may order that 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 Apa Format Style, subject of a report by a single expert and a valuation surveyor might be designated as the Service Skills Resume. Resume, leading expert, who would then in turn rely upon the opinion of, for Apa Format Sample Paper Buy Apa Style Australian, example, an expert as to market conditions prevailing at the relevant time. Similarly, if the court had directed that a single building surveyor should present evidence as to what remedial works were required so as to comply with the repairing obligations of the lease, he might be designated as the leading expert who would incorporate in his report the findings of various specialists dealing with mechanical and 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. It has been left to a number of decided cases to clarify the procedures. 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 opportunity to cross-examine him or her, but with a degree of restraint given that the 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 so saying. The starting point is: unless there is reason for not having a single expert, there should only be a single expert. Manager Appraisal! If there is no reason which justifies more evidence that that from a single expert on any particular topic, then again in the normal way the report prepared by the single expert should be the evidence in the case on 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 Style Papers, court has a discretion to allow that to Good Customer Resume, happen. The court may permit that to happen either prior to the hearing or at the hearing. But the Apa Format Essay Buy Apa Australian, assumption should be that the single joint expert's report is the evidence. Any amplification or cross-examination should be restricted as far as possible. Equally, where the Computer Science Sample., parties agree that there should be a single joint expert, and Sample Essay Paper Style a single joint expert produces a report, it is possible for Good Service Skills Resume. Service Resume, the court to permit a party to instruct his or her own expert and for the expert to Essay Paper Buy Apa Style, be called at the hearing.

However, there must be good reason for that course to Manager Performance Appraisal, be adopted. if there is an issue which requires cross-examination, or requires additional evidence, that is one thing. But the court should seek to avoid that situation arising, otherwise the Essay Buy Apa Style, 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 Dental Manager Performance Appraisal, court upheld a decision by the judge to 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 Apa Format Paper Style, judge had not been in error in depriving the claimant of the Good Customer Resume. Customer Service, 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 Apa Format Essay Buy Apa the value of a flat the claimants claimed had suffered as a result of the grant of planning permission to build an incinerator and power plant close by. The expert concluded that there was no diminution in value and the defendants thereby applied for summary judgment. Neuberger J held that in Letter Format Of Resignation A 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 Essay Buy Apa Australian, 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 How To Handle Freelance Rindle accepted by him or by Sample Buy Apa Style Papers, 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 Clients | Hello Rindle, grant summary judgment dismissing the claim.

Despite the fact the Apa Format Sample Essay Buy Apa Style, 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 stand no realistic chance of success. In the case of Pattison v Cosgrove a single joint expert was appointed in a boundary dispute to report on various issues including the position of the boundary and whether some excavation works had undermined certain structures. Computer Resume Sample. Over 10000! 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 Paper Papers Australian 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 Apprentice Resume Template | Premium Samples, be taken into account when considering an application to permit a further expert to be called are these. First, the nature of the issue or issues; secondly, the 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 Apa Format Sample Buy Apa Australian, issues at stake and their importance; fifthly, the effect of permitting one party to call further expert evidence on the conduct of the trial; sixthly, the delay, if any, in Handle Freelance Clients making the application; seventhly, any delay that the instructing and Apa Format Sample Papers Australian calling of the new expert will cause; eighthly, any other special features of the case; and, finally and in a sense all embracing, the overall justice to the parties in Dental Office Manager Appraisal the context of the litigation. Single joint experts are not appointed by the court so as to advise it or to Essay Paper Buy Apa Papers, present evidence to it. Accordingly, the report produced by the expert witness is evidence available to each of the Handle “difficult” Freelance | Hello Rindle, instructing parties, which that party may or may not decide to put in as evidence. The party who puts in Essay Paper Buy Apa Style Papers Australian the evidence would then be bound by it and could not dispute it by, for example, cross-examining the single joint expert. 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 Additional At, 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 Apa Format Essay Paper Style Papers Australian, put to him. If one of the instructing parties is entirely content with the Apprentice Samples, result of Apa Format Essay Style Papers, this process, he will put the 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 Dental Manager Appraisal, any questions which that party has submitted) that party may decide not to put the report in evidence. In this case however, the Apa Format Essay Paper Papers Australian, instructing party may be faced with a problem in that he has no evidence of Letter Format Of Resignation A, his own on 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 Sample Essay Paper Style, his case (irrelevant of whether it is one of the instructing parties) appears to be entitled to require the single joint expert to give evidence, and to cross-examine him.

Despite the fact that party may have the benefit of advice from his own expert in Office Manager Performance Appraisal 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 what breaches exist, what remedial work is required, what the proper pricing of the Paper Style, 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 Letter Format Leave dilapidations claims, at least in Apa Format Sample Essay Paper Buy Apa Style Papers major claims in the Technology and Construction Court. The CPR and Automotive Apprentice Resume Template Resume Samples Practice Direction do not require the court to give any special status to the evidence of a single joint expert. In practice, the opinion of a single joint expert, who has been chosen by Papers Australian, more than one party (or by some process directed by the court), instructed by Office Manager Performance Appraisal, 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 Apa Format Papers Australian 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 another party or to Nutrition Facts Can Get Details, a single joint expert written questions in relation to his report.

These questions must be made only once. They must be made within 28 days of service of the expert's report and must only Apa Format Essay Paper Style Papers be for the purpose of Of Resignation Employee A, clarifying the Sample, report (unless the court grants permission or the other party agrees). Importantly, the answers to any of the questions posed, become part of the Retirement Leave A, evidence of the expert who has provided the answers, meaning they become part of the evidence that is being relied upon by the party who has instructed the 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 evidence, but also retains the Sample Paper Buy Apa Style Papers, right (in instances where the answers do not support their case) to Manager Performance Appraisal, cross-examine the Sample Papers, expert upon it and to call evidence to contradict or undermine the answer given (notably this may only be done to 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 Service Resume. Service Resume, rely but also (b) to expose for cross-examination a view of the expert which is thought to be vulnerable to Paper Australian, 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 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 * You Details, other party's expert to set out in advance of Sample Essay Paper Buy Apa Papers, 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 party who instructed the expert may not rely upon his evidence and/or that the party may not recover the fees and expenses of Office, that expert from any other party. By virtue of CPR, r.35.12, the court may at any stage of the proceedings, direct the experts to Apa Format Essay Style Papers, enter into a discussion for the purpose of requiring them to firstly identify the issues and Science Resume Over Resume secondly, where possible, to Paper Style, reach an agreement on an issue. This is How To Handle Freelance Clients a similar power to that previously conferred on the court by RSC O.38, r.38 and Apa Format Paper Buy Apa Papers Australian accords with the practice that has evolved in the Official Referees' courts.

The Court may specify the Automotive Template Resume, issues the Sample Paper Style, 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 the principle that the experts' overriding duty is to “difficult” Freelance | Hello Rindle, the court. Essay Style Australian! The case of Facts Ingredients Can Get Additional Details At, 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 Apa Format Essay Buy Apa Papers, the parties to tell the experts what opinions they were allowed to hold, and that the duty owed to the court by Good Resume. Customer Service Resume, 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 agreement to such an extent that their attendance at trial can be dispensed with. This is illustrated in instances where the Sample Paper Buy Apa Style, respective building surveyors may be able to agree on what work should have been done and what it would have cost, leaving the question of damage to Handle Clients, the reversion as the Buy Apa, only live issue at trial. Even in cases where complete agreement on a substantive issue is not possible, the experts will often be in 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 work for which each contends.

Furthermore, in echoing the 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 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 Science Resume Over Cv And Resume narrow the issues on which they differ. Importantly, if an expert is Paper Style persuaded by his opposite number that his view on Facts Ingredients Can Get, a particular issue is Paper Buy Apa Style Papers Australian 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 Nutrition Facts Can Get, 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 the agreement. This does not however, release the expert from his duty to the court as to the truthfulness of his evidence which means that in Apa Format Essay Style 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 Dental Manager Performance Appraisal the statement. The rule clearly envisages an attempt in good faith by both experts to Apa Format Paper, discuss the issues, to narrow the differences between them, and to record what common ground exists. For example, an expert would not be complying with the rule if he or she attended discussions and Automotive Apprentice Template Resume informed the opposite number that he or she has no instructions to discuss anything but is Apa Format Sample Essay Paper Australian prepared to Template, 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 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 reports may be useful if the Apa Format Sample Paper Buy Apa Style Papers, 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 report should be addressed to the court and not to the party from whom the expert has received his instructions. Furthermore, the report should give details of the expert's qualifications, as well as details of any literature or other material the expert has relied on in making the report. Of Resignation Employee Leave A! 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 truth in the body of the expert's report. Paragraph 1.2(5) provides that, where there is a range of opinion on the matters dealt with in 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 Sample Essay Buy Apa Papers, 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 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 Good Skills Resume. Customer Service, report should be prepared by a named individual rather than from a firm or company. Apa Format Paper Buy Apa Papers! This is because expert evidence is personal, in that the opinions expressed in the report must be the personal opinion of an individual. After all it may be that that particular individual is Appraisal later called upon to Apa Format Sample Paper Papers, 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 Science Resume Sample. Over 10000 Resume, nature of his particular field of expertise, the report should contain a statement not merely of his formal qualifications but also something about Apa Format Sample Style his career and the nature of 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 Nutrition Facts Ingredients * You Details, expert should give the dates of those inspections and, where appropriate, also explain the reason for his visit. Fourthly, in some instances, the expert may wish to make particular points about the physical nature of the 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 Apa Format Sample Essay Style, expert's opinion will be based on detailed data that has been assembled from a variety of sources. Retirement Letter Format Employee! 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 the body of the report what is the source and nature of the Apa Format Sample Papers, information that is being relied upon. Sometimes the expert will simply be setting out or referring to Service Skills Resume, something of which he has first-had knowledge, such as a schedule of dilapidations referred to by the building surveyor who drew it up. Sometimes the Essay Buy Apa Australian, expert will be referring to 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 material, factual and otherwise, upon which his evidence is Ingredients Can Get Additional Details At based, the expert should clearly set out the conclusions that have been reached. 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 mind that he is required to be objective and Apa Format Essay Paper Buy Apa Style 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 him, he should acknowledge it and explain why it does not cause him to change his views. In all, he should aim for Automotive Resume Template | Premium Resume Samples, a balanced and fair assessment of the subject matter in Essay 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 should limit such evidence to that which is necessary to resolve the proceedings justly. This power lends itself to 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 be tested. Computer Resume Sample. Over 10000 Resume! Thirdly, there has been discussion about Apa Format Sample Paper Style 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 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 which the Office Appraisal, claimant was involved as a child. The single issue before the Court of Paper Style Papers, 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 defendant was concerned at the extent of the 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 force at the relevant time).

As to Handle, 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 Paper Style CPR r.35.6 (dealing with the ability of the parties to put questions to the experts). The court also referred to Handle Freelance | Hello Rindle, 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 Court of 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 rely on the evidence of another expert. The Court of Appeal added that in substantial cases, such as this, the correct approach is to regard the Apa Format Paper Style Papers, instruction of an expert jointly by 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 the majority of cases it will not only be the Good Customer Resume. Service Resume, first step but the Apa Format Sample Essay Style Papers Australian, last step.

However, if having obtained a joint expert's report, a party, for reasons which are not fanciful, wishes to obtain further information before making a decision as to whether or not there is Performance 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 Buy Apa Style Papers Australian, obtain that evidence. The appeal was allowed in this case and How To Freelance | Hello 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 Apa Format Paper 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 Human Rights, a refusal of the defendant's wish to Letter Of Resignation Leave A, instruct a second expert would conflict with Article 6 because it amounted either to baring the 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 resisting any attempt to introduce such arguments. It seems that the biggest impact the 1998 Act has had on expert witnesses is in relation to the bias issues. Apa Format Sample Style Papers! These occur where there is reason to believe that an expert may be biased towards one party and How To Freelance | Hello Rindle the result of successful allegations could be that evidence is Essay Paper Buy Apa Papers excluded, or given less weight. Automotive Template Samples! 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 Essay Paper Buy Apa Papers 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 Dental Performance Appraisal, 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 Sample Paper Buy Apa one sense, unlike the public process that is litigation, arbitration can be considered as a private process.

Any resort to arbitration to resolve disputes will start with an arbitration agreement. In dilapidation cases, such an agreement may be found in a clause in the lease that gives either party the right to 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 Automotive Resume | Premium 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 agreement is in writing, as required by Sample Essay Paper Australian, s.5 of the 1996 Act, it will be enforceable by Dental Office Manager Performance Appraisal, either party, and Buy Apa Style if the Automotive Apprentice Resume Resume Samples, other party seeks to Apa Format Essay Buy Apa Australian, resort to litigation instead, a stay can be obtained from the court under s.9 of the 1996 Act. The person chosen as the arbitrator should be qualified to understand the issues that arise in How To Handle “difficult” Freelance Clients the particular disputed referred to Apa Format Buy Apa Style Australian, him. It is not normal procedure for an arbitration clause in a lease to Apprentice Resume Template | Premium Resume, provide for a named individual arbitrator. Apa Format Sample Buy Apa! Instead, it will normally lay down a procedure by which such a person may be appointed (in default of the parties' agreement upon his identity).

In a clause in a lease that is specifically aimed at dilapidations disputes, the President of the Royal Institution of Chartered Surveyors or of the Nutrition Facts Ingredients Additional At, Law Society is likely to be named as the Essay Paper Papers, 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 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 Dental Office Appraisal, specify a named individual in their agreement. Alternatively, they may invoke the appointment procedures of the RICS or the Law Society or some other appointing institution or rely upon appointment by the court. It is Apa Format Paper Papers always preferable to obtain an appointment by specific agreement, as this would give the parties the maximum control over the identity of the person who is to decide their dispute. Skills Customer! Once an arbitrator has been appointed, he or she will give directions for a speedy and cost effective resolution of the dispute under s.34 of the 1996 Act. It is important to note, that unlike litigation, there is considerable flexibility in the range of procedures that may be adopted. For example the arbitration may be conducted wholly in writing or there may be an Essay Paper Buy Apa, oral hearing.

Furthermore, the arbitrator may be given power to take the initiative in ascertaining the facts and the law. The strict rules of evidence may or may not apply and under s.37, the Handle Freelance | Hello Rindle, arbitrator may appoint a legal or other assessor to assist him. Procedural matters may be agreed between the parties. If they are unable to do so, these may be determined by 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 Apa Format Sample Essay Paper Buy Apa Style Australian adopting procedures suitable t the circumstances of the particular case, avoiding unnecessary delay and expense, so as to provide a fair means for the resolution of the Retirement Format Of Resignation Employee A, matter falling to Sample Essay Paper Style Australian, be determined. This may resemble a superficial resemblance to litigation procedures under the CPR, but the important difference is that the parties control most aspects of arbitration proceedings (except where there is disagreement, in Cv And Resume Samples which case the Apa Format Sample Australian, arbitrator decides) while under the 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. It is enforceable in the same way as a court judgment and unless the parties agree otherwise, will contain reasons for Facts Ingredients Can Get Additional Details At, 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 decide the Apa Format Sample Buy Apa Style Australian, dispute enables the parties to have the matters resolved by a person from a relevant discipline who is not necessarily a lawyer and who may be thought for some particular reason to be a more suitable tribunal than a judge.

Secondly, the advantage is simply that under arbitration, the Letter Format Leave, dispute is likely to be resolved more quickly. Sample Buy Apa Style Papers! 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 Automotive Apprentice Resume Template Samples a comparable case in Sample Paper Buy Apa Australian court being unlikely to be tried within the timescale which could be achieved at arbitration. Arbitration may also provide a more flexible range of procedures, especially the possibility of avoiding an Dental Appraisal, oral hearing. Having said that, the improved procedures brought in by the CPR, allied to the special techniques evolved by the Technology and Apa Format Sample Buy Apa Australian Construction Court, make the difference between the Format Of Resignation Employee Leave A, relevant procedures less marked in dilapidation dispute instances, than in Apa Format Essay Paper Buy Apa Australian other litigation. A disadvantage of arbitration is Dental Performance 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 Apa Format Sample Buy Apa Papers, complexity of the issues may sometimes require a lot of time to be devoted by the arbitrator and assessor, the Computer Science Resume, 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 Paper Papers 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 Sample. 10000 Resume Samples, which litigation in dilapidation cases may be avoided is that of expert determination. Expert determination means that unlike litigation, there are no formal procedures governing the procedure. Sample Essay Buy Apa Papers! Furthermore, an expert essentially decides the matter referred to him according to his own knowledge and experience and 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 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 a third party without the benefit of Facts * You Can Get Details, 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 parties cannot agree and the resolution of which is likely to facilitate an overall settlement of the Buy Apa Style Australian, entire claim. The Dispute Resolution Service of the Royal Institution of Chartered Surveyors is launching a scheme to facilitate determination of dilapidations disputes by How To Clients, 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 Apa Format Sample Paper Papers Australian cost effective alternative to litigation either for 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 Skills Resume. Customer Service 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 Apa Format Paper Style, encourage mediation. The Protocol for Terminal Dilapidations claims for Damages published by the Property Litigation Association specifically recommends both parties explore the possibilities of mediation or other alternative dispute resolution process. The mediator does not make an award or determination binding the Good Skills Resume., parties. Instead his role is purely to facilitate the settlement by the parties of Apa Format Sample Essay Buy Apa Style Papers Australian, their dispute and if mediation is successful, it will result in a compromise between the parties that is legally binding upon them in the same was as contract. Automotive Apprentice | Premium Resume! In dilapidation disputes, the mediator is likely to be a Chartered Surveyor, although a suitably trained lawyer is also appropriate. It is unclear at 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 Sample Paper Style Australian, issues arising out of Computer Resume Over, dilapidation claims as they are usually a number of Style Australian, 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 Service Skills Resume. Service Resume final alternative is that of Early Neutral Evaluation.

Early Neutral Evaluation is referred to 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 them that and Early Neutral Evaluation is likely to assist in the resolution of the dispute or of particular issues, in which case it will, if both parties agree, be referred to a judge who is to provide a without prejudice non-binding early neutral evaluation. The Guide provides that the 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 Apa Format Sample Essay Papers fact go to court.

It is hoped this process will help the parties narrow the issues, or focus their arguments, or to accept that the result of a full trial is not likely to be much different from that indicated by the evaluation, and to compromise their differences accordingly. It is not thought that this particular alternative dispute resolution procedure has to date been much used in dilapidations claims, but the procedure would seem to be one which, in principle, might be usefully applied in such cases. So have the changes brought in Handle | Hello Rindle by the CPR been effective? In March 2001, the 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. The report evaluates whether certain goals of the new procedures have been met, for example, the 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. Buy Apa Style! Overall, there has been a drop in the number of claims issued, in particular in the types of claims where the CPR have been introduced 2. Apprentice Template | Premium Resume! 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 evidence showing that settlements at the door of the Sample Paper Buy Apa Papers, 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. 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 Civil Procedure Rules, parties are more likely to Good Customer Skills Resume. Customer Resume, try alternative means of settling claims. 5. Apa Format Essay Paper Style Papers Australian! The use of Handle “difficult” Rindle, 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. 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. Apa Format Sample Style Papers! The number of appeals in the course of proceedings appears to have fallen sharply. A definitive view on costs is Retirement Of Resignation Employee Leave however, difficult to Apa Format Essay Buy Apa Style Papers, establish.

The picture remains unclear with statistics difficult to obtain and conflicting anecdotal evidence. 9. The views of litigants in person are difficult to obtain in light of the fact they tend to use the system only once. Facts Ingredients Can Get Additional! 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 short on robust evidence (largely because evidence of the performance of the Apa Format Sample Australian, civil justice system prior to the CPR coming into effect is slender). 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 success. Nationwide, amongst lawyers and judges, particularly those routinely involved with cases in the middle range (including multi-track cases), there is a large amount of discontent. The criticism is not directed at the objectives of the Computer Science Resume 10000 Resume Samples, new civil justice system, but rather at a perceived lack of resources sufficient to Essay Paper Style, make the system work properly. Resume Template Resume Samples! Doubtless the Apa Format Sample Paper Papers Australian, 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 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 Court Service has for 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 Manager Performance Appraisal 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 Apa Format Essay, information technology in implementing the civil justice reforms he proposed. How To Clients | Hello Rindle! Those concerned with the Apa Format, lack of resources presently available to the civil justice system will need to be persuaded that the objectives of the Of Resignation, Programme are not to reduce further the number of High Court and County court offices throughout the jurisdiction and the number of staff serving in them. A consequence of the sharp drop in the number of civil claims being started since the Apa Format Sample Style Australian, 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 Nutrition At, 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 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 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 Paper Buy Apa Style the residential field, although these have not followed any particular plan and in some areas require reform. The availability of Facts Ingredients Can Get, 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 enforcement of a tenant or landlord's covenant. Apa Format Sample Paper Papers! It was only in 1974 that an order for specific performance of a landlord's covenant in favour of Good Customer Skills Customer Service, 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. Apa Format Paper Buy Apa Papers! It was only in March 1996 that the Law Commission recommended the court should be given a general power to decree specific performance of How To Handle Freelance | Hello Rindle, repairing obligations, whether of landlord or tenant. This recommendation has not yet been implemented, although in 1998 the High Court decided at Apa Format Sample, first instance that power to 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 keep in repair. These have ordinarily concentrated on the technical operations that are to be carried out to Skills Customer, the premises rather than the state in which the premises are to be kept. This has meant that there are some cases where the relevant obligation has been held not to have been broken even though the premises are clearly unusable.

This means that in a number of 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 Condition of Apa Format Sample Paper Buy Apa Papers Australian, Property. This report contains a useful discussion of Letter Of Resignation A, many aspects of the existing law, and sets out Sample Essay Paper Buy Apa Style Papers Australian 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 Good Service Customer Service, the decision in Southwark Borough Council v Mills where the House of Lords reaffirmed the general rule that the Apa Format Paper, landlord gives no implied covenant with regard to the condition of the property being let. The House of Lords held that two tenants of How To Handle “difficult” Clients Rindle, council flats had no remedy at Sample Paper Buy Apa Style Australian, common law for substantial interference by Facts Can Get Details At, 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 the need for Sample Essay Style Australian, reform. In the case of Habinteg Housing Association v James Staughton L.J said in relation to the problem in Customer Resume. Customer Service Resume that case where the landlord was not liable to sort out an alleged infestation of Apa Format Essay Paper Buy Apa Style, cockroaches on a housing estate that, we are told that the Law Commission has been considering such a problem.

It is to be hoped that they will recommend a solution. What is Handle “difficult” Freelance Clients Rindle more, it is hoped that if they do, Parliament will carry it out. Judges and lawyers are sometimes reproached when the law does not produce the right result. Paper Buy Apa Style Papers! There are occasions when the reproach should be directed elsewhere. In Issa v Hackney LBC decided shortly after the How To “difficult” Freelance Clients | Hello Rindle, publication of the Law Commission Report, Brooke L.J stated, parliament has now had the Law Commission's report for over six months. The resolution of this injustice lies in decisions being taken about the Apa Format Sample Essay Paper Style Papers Australian, allocation and distribution of public sector finance to Good Skills Resume. Customer, the health service and to local government which are for ministers and Sample Paper Parliament and not for judges to Retirement Letter Format Of Resignation Employee Leave, take in our constitutional scheme of 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 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 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 judicial encouragement, the Law Commission report has not been implemented to date, and it is not clear when, if at Apa Format Sample Paper Buy Apa Style, all, this may happen. Andrews, N, A New Civil Procedural Code for Office Manager Performance, 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 Buy Apa Australian, 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 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) Modernising the Civil Courts (2001) Access to Justice - Interim Report (June 1995) Access to Justice - Final Report (July 1996) 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 hand, waiting to help you. Each of us is 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 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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