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The Civil Justice System

This seminar was held across November and December 2016 and covered the following:

  • Access to justice for victims and Survivors;
  • Civil litigation;
  • Limitation, including: limitation as a barrier and a defence in civil litigation; proposals for reform;
  • Civil litigation, including: the nature of the adversarial system; the spectrum of both claimant and defendant approaches to bringing/defending claims;identifying the correct defendant/insurer; disclosure; investigating the claim; legal issues and defences; the use of single or joint experts; early offers of settlement; settlement without admissions; and apologies;
  • Compensation,  including: causation of injury; quantification of damages; provision for treatment; payment options;
  • Other types of accountability and reparation, including: acknowledgment of abuse; accountability within the civil justice system; admissions of institutional liability; the value of apologies; face-to-face meetings; learning lessons and preventing recurrence; access to wider support;
  • Possible reforms to civil litigation, including: pre-action protocol; guiding principles; duty of candour; ADR; specialist judges; increased judicial powers and sanctions; support;
  • A redress scheme, including: advantages and disadvantages; investigation and assessment process; tariffs; comparative models; funding; legal representation;

These seminars are directly related to the Accountability & Reparations investigation. 

Documents

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