The Role of Judges in Managing Complex Civil Litigation

Justice and Efficiency in Mega-Litigation by Anna Olijnyk

Abstract

Delay and cost have bedevilled civil litigation in most if not all jurisdictions for some time. Such problems have been the subject of numerous inquiries by law reform bodies and judicial officers. A concern to ameliorate such problems has precipitated major changes to the judicial management of cases by various courts, aided by jurisprudence developed by higher courts and ‘overriding’ objectives incorporated in civil procedure rules and statutes. The problems of costs and delay have also spawned the creation of a variety of alternative approaches to dispute resolution. In Justice and Efficiency in Mega-Litigation, Australian academic Anna Olijnyk examines these issues in some detail, with particular reference to large, complex cases, based largely on interviews with senior judges in Australia and England. This review examines the methodology used, the findings derived and a number of strengths and limitations of both the research and the reliance on proactive judicial management to achieve more expeditious and economical resolution of civil disputes.