Publications

Zuckerman on Civil Procedure: Principles of Practice
2nd edition, Sweet & Maxwell 2006. ISBN: 9780421919105

The work provides a coherent and detailed account of litigation under the Civil Procedure Rules system. It helps practitioners understand how the courts interpret and apply the Rules, the principles that govern the exercise of judicial discretion, how judges exercise their extensive case management powers and what these mean for the conduct of litigation.

- Presents a clear and thematic analysis of the law of civil procedure
- Helps practitioners understand the relationship between individual Rules and general principles
- Complements The White Book and other civil procedure manuals
- Explains the significance of leading cases
- Highlights current trends in judicial thinking
- Draws attention to inconsistencies and problems that are likely to be encountered in practice and suggests solutions
- Supplies authoritative analysis - the first edition has been cited in many Court of Appeal cases

http://www.sweetandmaxwell.co.uk/Catalogue/ProductDetail.aspx?prodid=133094


Paul Roberst and Adrian Zuckerman, Criminal Evidence
2nd ed, OUP 2010. ISBN: 0-19-876497-9

This book is based on Adrian Zuckerman's The Principles of Criminal Evidence, OUP 1989. It consists of a critical commentary on the rules and principles regulating the admission of evidence and fact-finding in English criminal trials. Existing legal rules are placed in their theoretical, insitutional, procedural, and broader criminal justice contexts, and evaluated by reference to their underlying objectives and values, before reform options are systematically canvassed and examined.


Adrian A. S. Zuckerman (ed), Justice in Crisis - Comparative Perspectives of Civil Procedure
OUP 1999, ISBN: 0-19-829833-1

A sense of crisis in the administration of justice has been present in many countries. Delays and high costs render access to the civil courts either useless or prohibitively expensive or both in numerous judrisdictions. The essays included in this collection survey different systems of civil justice and provide information and analysis that should enrich the reform debates that take place in many countries by drawing attention to common problems, to their roots, to the solutions tried, and above all to the consequences of reform. The essays show that we can learn from others' success and find their failures even more instructive.


A. A. S. Zuckerman (ed), Reform of Civil Procedure - Essays on 'Access to Justice'
OUP 1995, ISBN: 0-19-826093-8

This is a collection of essays by leading commentators on civil justice intended to assess the state of justice in England and the impact of the proposals put forward by Lord Woolf in his Report on Access to Justice. The essays address fundamental issues encountered in the administration of civil justice.


A. A. S. Zuckerman, The Principles of Criminal Evidence
OUP 1989, ISBN: 0-19-876103-1

The exposition of the law of criminal evidence proceeds on the premiss that the law of criminal evidence has a cohesiveness of principle that requires distinct treatment. Like any other procedure for the determination of truth about past events, it has to be evaluated by reference to its structure, to its aims und to its underlying general principles. The crimina process for establishing guilt is governed by three main objectives: the determination of truth, the protection of the innocent from conviction, and need to maintain adequate standards of propriety in the administration of criminal justice. The continual serch for a satisfactory balance between these three goal is the central theme of the book, which shows how each and every rule of evidence is shaped by these goals.



Articles

"Without prejudice interpretation - With prejudice negotiations", forthcoming, International Journal of Evidence and Proof, 2011

"Common law justice repelling demands for super injunctions, anonymity and trial by stealth", forthcoming, CJQ, 2011

“Must a fraudulent litigant be allowed to think: if the fraud is successful, I will gain much; if it is not, I will still recover my legitimate claim?” (2011) 30 CJQ 1.

“The Jackson Final Report on Costs—Plastering the Cracks to Shore Up a Dysfunctional System”, (2010) 29 CJQ 262

“Super Injunctions—Curiosity-Suppressant Orders Undermine the Rule of Law”, (2010) 29 CJQ 131

“Legal Advice Privilege and Litigation Privilege – a Reassessment of the Private and Secure Zone”, in essays in honour of Professor Harnon, Jerusalem, 2010

“Litigation management under the CPR: a poorly-used management infrastructure”, In The Civil Procedure Rules 10 Years On, Ed D Dwyer, OUP 2010.

“New Civil Justice Reform – Court-Managed Litigation”, Civil Justice Reform Special Release supplement to the Hong Kong White Book (Hong Kong Civil Procedure), 2010 (largely reproduced in City University of Hong Kong Law Review, inaugural issue, No 1, 2009).

“Rule making and precedent under the Civil Procedure Rules 1998—still an unsettled field.” (2010) 28 Civil Justice Quarterly 1.

“Lord Justice Jackson’s Review of Civil Litigation Costs—Preliminary Report (2009).” (2009) 435

“New Rules for Costs Capping Orders: Feeding the Costs Litigation Frenzy?” (2009) 27 Civil Justice Quarterly 289

“Protective Costs Orders—A Growing Costs-Litigation Industry.” (2009) 27 Civil Justice Quarterly 161

“New provisions for service – A great improvement threatened by discretion.” (2009) 27 Civil Justice Quarterly 1.

“Access to Justice for Litigants who Advance their case by Forgery and Perjury.” (2008) 26 Civil Justice Quarterly 419

“The Costs Indemnity Principle – From Restoration to Blame.” (2008) 26 Civil Justice Quarterly 281.

“Finality of Litigation—Setting Aside a Final Judgment.”, (2008) 26 Civil Justice Quarterly 151

“How Seriously Should Unless Orders be Taken?”, (2008) 26 Civil Justice Quarterly 1

"The Privilege Against Self-incrimination does not Confer a Right to Refuse Disclosure of Incriminating Documents that came into Existence Independently of the Disclosure Order", (2007) 26 Civil Justice Quarterly 395

"Costs Capping Orders the Failure of the Third Measure for Controlling Litigation Costs" (2007) 26 Civil Justice Quarterly 271

"The Position of a Party Whose Expert Has Conceded the Opponents Casethe Unresolved Tension Between Experts Role to Further the Partys Cause and Their Obligation to Assist the Court", (2007) 26 Civil Justice Quarterly 159

"Civil Litigation: a Public Service for the Enforcement of Civil Rights", (2007) 26 Civil Justice Quarterly 1

"Rolling Back the Privilege against Self-incrimination from Documentary Disclosure", (2006) 25 Civil justice Quarterly 427

"A Colossal Wreck - The BCCI - Three Rivers Litigation", (2006) 25 Civil Justice Quarterly 287

"Service of the Claim Form", (2006) 25 Civil Justice Quarterly 127

"Fixed Minimum Legal Fess " Comments on Opinion of the Advocate General Poiares Maduro delivered 1 February 2006, (2006) 39 Rivista Timestrale del Consiglio Nazionale Forense 191

"From Formalism to Court Control of Litigation", in 1806 1976 2006 De la commermoration dun code a lautre: 200 anns de procedure civile en France, Cdiet et Canivet, eds, LexisNexis, Paris, 2006

"Risoluzione efficiente e accessibile delle controverise civili, La necessita di uno standard commune europeo, (2006) Rivista di Dirito Publico, 23

"An unseemly squabble amongst public authorities over costs", (2006) 25 Civil Justice Quarterly 1

"Service of the claim form", (2005) 24 Civil Justice Quarterly 401

"Disclosure of expert reports", (2005) 24 Civil Justice Quarterly 293

"CPR 36 offers", (2005) 24 Civil Justice Quarterly 167

"Costs capping orders in CFA cases improve costs control but raise questions about the CFA legislation and its compatibility with art 6 of the ECHR", (2005) 24 Civil Justice Quarterly 1

"Enforcing compliance with deadlines", (2004) 23 Civil Justice Quarterly 231

"Appeal" to the High Court against House of Lords decisions on the interpretation of Community law - Damages for judicial error, (2004) 23 Civil Justice Quarterly 8

"The test for ordering disclosure against non-parties", (2003) 22 Civil Justice Quarterly 10

"The need for a strategy for addressing the problem of non-compliance with procedural requirements", Paper presented to the ALI-UNIDROIT Conference on Transnational Civil Procedure London 24 May 2002

"Dismissal for disobedience of peremptory ordersAn imperative of fair trial", (2001) 20 Civil Justice Quarterly 12

Reforming Civil Justice Systems: Trends in Industrial Countries, World Bank, Public Sector Paper, October 2000

Book Review, Jolowicz, "On Civil Procedure", (2000) Law Quarterly Review "Le Cot du procs en Angleterre", Revu Internationale de Droit Economique, 1999, 2

"The role of Lawyers in German civil Litigation", (with Professor Dagmar Coester Waltjen, (1999) 18 Civil Justice Quarterly

"Dismissal for Delay - The Emergence of a New Philosophy of Procedure", (1998) 17 Civil Justice Quarterly 223

"The Woolf Report on Access to Justice", 1996 ZZP International, 31

"Lord Woolfs Access to Justice: Plus a change", (1996) 59 Modern Law Review 773

"Legal Professional Privilege - The Cost of Absolutism" (Note) (1996) 112 Law Quarterly Review 535

"European Consulting Unternehmensberatung AG v. Refco Overseas Ltd, Sur Anerkennung ud Vollstreckung einer Mareva-Injunction in Deutschland", ZZP Int(Zeitschrift fr Zivilprozessrecht-International), 1 (1996) 91

"English Civil Procedure--The Shift away from Party Control and Orality", ZZP Int (Zeitschrift fr Zivilprozessrecht-International), Issue No 1, 1996 (Article commissioned for the first issue of this new journal)

"The Futility of Hearsay - A Comment on the Law Commission Consultation Paper No. 138 on Hearsay", [1996] Criminal Law Review 4

"Reform in the Shadow of Lawyers' Interests", in Reform of Civil Procedure--Essays on Access to Justice, eds A A S Zuckerman and Ross Cranston, Oxford University Press, 1995, 61

"A Reform of Civil Procedure - Rationing Procedure Rather than Access to Justice", (1995) 22 Journal of Law and Society 155.

"The Undertaking in Damages - Substantive and Procedural Dimensions", [1994] Cambridge Law Journal 546.

"Quality and Economy in Civil Procedure - The Case for Commuting Correct Judgments for Timely Judgments", (1994) 14 Oxford Journal of Legal Studies 353

"Public Interest Immunity--A Matter for Prime Judicial Responsibility" (1994) 57 Modern Law Review 703 (has been translated into Japanese)

The inevitable demise of the right of silence (1994) 144 NLJ 1104

"Bias and Suggestibility: Is There an Alternative to the Right to Silence?", in D Morgan and G M Stephenson, Suspicion and Silence: The Right to Silence in Criminal Investigations (Blackstone Press, 1994), p 117

"Civil Procedure in England", in Collected Reports of the International Symposium on Civil Justice (Osaka Shinzan Books Co, 1993), p 164

"Mareva Injunctions and Security for Judgment in a Framework of Interlocutory Remedies", (1993) 109 Law Quarterly Review 432

"Dispensation with Undertaking in Damages--An Elementary Injustice", (1993) 12 Civil Justice Quarterly 268

"Interlocutory Remedies in Quest of Procedural Justice", (1993) 56 Modern Law Review 325

"A Strategy for Reducing the Incidence of Miscarriage of Justice", (1993) 41 Northern Ireland Legal Quarterly 3

"More about Confidentiality and Fraud", (note) (1992) 108 Law Quarterly Review 30

"Miscarriage of Justice - A Root Treatment", [1992] Criminal Law Rev 323 (has been translated into Italian and appeared in Il Giusto Processo)

"Expert Evidence", (book review), (1991) 10 Civil Justice Quarterly 366

"Confidentiality and Fraud", (note) (1991), 107 Law Quarterly Review 380

"Interlocutory Injunctions on the Merits", (note) (1991) 107 Law Quarterly Review 196

"Miscarriage of Justice and Judicial Responsibility", [1991] Criminal Law Review 492

"Procedural Fairness and the Right of Silence", (1990) 54 Journal of Criminal Law 499

"Legal Professional Privilege and the Ascertainment of Truth", (note) (1990) 53 Modern Law Review 381

"Mareva Injunction v. The Privilege Against Self-Incrimination", (note) (1990) 106 Law Quarterly Review 389

"The Weakness of PACE Special Procedure for Protection Confidential Material", [1990] Crim L Rev 472

"Trial by Unfair Means - The Report of the Working Group on the Right of Silence", [1989] Criminal Law Review 855

"Coercion and the Judicial Ascertainment of Truth", (1989) 23 Israel L Rev 357

"Not Third Exception to the Woolmington Rule", (1987) 104 LQR 170

"Illegally Obtained Evidence: Discretion as a Guardian of Legitimacy", (1987) 40 Current Legal Problems 55

"Similar Fact Evidence: The Unobservable Rule", (1987) 104 Law Quarterly Review 187

The Right Against Self-Incrimination: An Obstacle to the Supervision of Interrogation, (1986) 102 Law Quarterly Review 43

"Law, Fact or Justice?" (1986) 66 Boston University Law Review 487

"The Transformation of the English Law of Evidence", (1986) 23 Coexistence 65

"Can an Enlarged Law of Discovery Make Civil Trials Redundant?" (book review) (1984) Oxford Journal of Legal Studies 250

"Corroboration: Judicial Reform in Canada", (note) (1984) 4 Oxford Journal pf Legal Studies 147

"Teaching Evidence: Is the Unitary Approach Valid?" (book review) (1984) 4 Oxford Journal of Legal Studies 132

"Balancing Justice and the Public Interest", (note) (1983) 99 Law Quarterly Review 14

"Relevance in Legal Proceedings", in W Twining, Facts in Law (1982), 145

"Privilege and Public Interest", in C H F Tapper ed, Crime Proof and Punishment, Essays in Memory of Sir Rupert Cross (1981), 248

"Formality and the Family - Reform and the Status Quo", (1980) 96 Law Quarterly Review 248

"Ownership of the Matrimonial Home - Common Sense and Reformist Nonsense", (1978), 94 Law Quarterly Review 26

"Damages for Whims", (note) (1978) 94 Law Quarterly Review 327

"The Rights of Illicit Relationships", (note) (1978) 94 Law Quarterly Review 324

The Third Exception to the Woolmington Rule, (1976) 92 Law Quarterly Review 402

"Cheque Given for Deposit in the Purchase of Land", (note) (1975) 38 Modern Law Review 349

"Criminal Law Revision Committee 11th Report, Right of Silence", (1973) 36 Modern Law Review 509

"Assault or not Assault", (1972) 88 Law Quarterly Review 246

Contract (Annual Survey), written with D R Harris in Wade and Cryer eds, Annual Survey of Commonwealth Law 1971, 959

"Previous Conviction as Evidence of Guilt", (note) (1971) 87 Law Quarterly Review 21

Author of the Annual Survey of Civil Procedure, published every year since 1982 in the All England Law Reports Annual Review.

   

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21 November 2017