Information technology in complex civil litigation in England and Wales

The use of information technology in civil litigation in England and Wales is in its infancy. In particular, litigation support systems are used by few,¹ and only within some solicitors’ offices and barristers’ chambers. The process of litigation support has not yet been taken from the solicitor's office into the court room.

Complex litigation is an area of legal practice particularly apt to benefit from the use of modern information technology both before trial and during the trial. Complex litigation involves such a diversity of issues, allegations of fact, and divergent opinions as to be difficult to retain within the short term memory of one human brain for the length of time taken by the exposition of the evidence and argument followed by judicial analysis and expression of the judgment.

This type of litigation also benefits from intervention by the Court in the preparations for trial, and in that endeavour information technology would also be most helpful.

In this article I shall try to review in very general terms what is done and what could be attempted. I shall generally concentrate on civil rather than criminal litigation.

The views expressed are my views alone.     

An Alternative Constitutional Treaty for the European Union

We propose an alternativeto the Constitutional Treaty drafted by theEuropean Convention. Our proposaleffectively limits the domain of governmentat the Union level. It takes the incentivesof the European public actors into account.We propose a second chamber of EuropeanParliament composed of delegates of theparliaments of the member states and asecond court composed of delegates of thehighest courts of the member states. Theseinstitutions will be the guardians of thesubsidiarity principle. The principle ofthe separation of powers is implemented byabolishing the Commission's monopoly oflegislative initiative and by curtailingthe Council's legislative role. Treatyamendments will not be drafted by aninter-governmental conference but by aninter-parliamentary conference. We proposeto change the method of financing andintroduce referenda.     

Governance conditions,roles and capacity‐building needs in the rebel‐held areas of Southern Sudan

An assessment is made of the state of sustainable human development (SHD) and the institutions of governance that are in the process of being established in the rebel‐held areas of Southern Sudan. The development roles of the main governance actors—government, civil society and the private sector—are examined and capacity‐building needs are described. The importance of good leadership, institutionalised partnerships between government and national and international NGOs, and capacity building for transparency and accountability is stressed. Most pointedly, the risks of allowing governance practices, suited to the management of a liberation struggle, to spill over into the civil administration of a peaceful state are emphasised. The conditions necessary for the institutionalisation of sound governance practices are discussed. Of particular importance are a genuine desire on the part of the leadership to establish such conditions and a willingness on the part of external donors to address issues of accountability and transparency openly in collaboration with the leadership. The data are also suggestive of broad development strategies that address the bases of SHD and empowerment. These broad strategies are designed to improve the very low levels of health and education that exist in the Southern Sudan, and thereby empower people to engage in economic activity and in governance decision‐making. Rehabilitation and maintenance of the physical infrastructure underlies all development activity. The findings highlight the governance difficulties faced by war‐torn societies, the challenges facing post‐crisis administrations and (confirming Caplan 2002) the need for such administrations to possess sufficient executive authority to be able to perform effectively in situations of ‘pre‐state, post‐imperial chaos’. Most critical of all, however, is the genuine interest of the major powers in doing more than—when it suits them—extinguishing the flames of conflict or establishing acquiescent political regimes following the military pacification of ‘rogue’ or anarchic states. Effective post‐crisis administration and development calls for much greater commitment of resources from the major powers than has been forthcoming to date, reflecting a belief among them that equitable and sustainable global development is the preferred route to the prevention of such crises. Copyright © 2003 John Wiley & Sons, Ltd.     

Pension Reform and the Fiscal Policy Stance

The increased budget deficit caused by the privatization of a public pension plan does not imply a relaxation of the stance of fiscal policy. The reform's impact on the fiscal stance and national saving depends primarily on its effect on the sum of explicit and implicit public debt and on the postreform payroll tax and private system contribution rates. Its impact also depends on the difference between the rate of interest on implicit and that on explicit public debt, among other influences. Pension privatization, if not offset by fiscal consolidation, can loosen the fiscal stance in some circumstances.     

‘twinning’ as a method of sustainable institutional capacity building

‘Twinning’ is the distinctive method employed during the last two decades by the Swedish International Development Co‐operation Agency (Sida) to promote institutional capacity building in development co‐operation. This article reports on a study undertaken to provide evidence which would help Sida to make judgements about the efficacy of the twinning model as a basis for sustainable capacity building, and to explore ways of enhancing the method. The study indicates that the twinning method has potential advantages over other modes of development co‐operation, particularly that it offers enhanced possibilities for organizational learning and sustainable capacity building. However, the study suggests that this potential is not being fully exploited. Twinning arrangements have produced major benefits in professional/technical upgrading, but there is less evidence of outcomes at the level of sustainable institutional capacity building. Contrary to Sida's expectations of its distinctive advantages, in operation, twinning tends to become a rather routine process, viewed by developing country partners as an unexceptional way of delivering aid which presents few fundamental challenges and provides essentially the same benefits as alternative methods. It appears that institutional development and organizational learning are generally not issues of major significance for partner organizations in twinning arrangements. Even at the individual level the focus is on training rather than learning, which results in the usual emphasis on formal off‐job training rather than seeking opportunities for learning from work. The article presents ideas on how the current twinning approach might be renovated, and considers how agencies such as Sida might enhance their development co‐operation in the realm of governance by moving beyond twinning. Copyright © 1999 John Wiley & Sons, Ltd.