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Introduction To Attention Deficit Hyperactivity Disorder (ADHD) ADHD is one of the english essay, most common childhood disorders. Approximately 3-7% of school-aged children have the disorder. Cheap Schizophrenia Reseach Paper! Prevalence rates seem to vary by community, with some research indicating that larger cities may have rates as high as 10-15%. ADHD produces symptoms characterized by: The “attention deficit” component of ADHD refers to inattention , or difficulty focusing for long periods and being easily distractible . The “hyperactivity” portion of ADHD is used to describe behavior that is restless, agitated, and difficult to resist . Hyperactive individuals often appear as if they NEED to move. They are in almost constant motion, and frequently make excessive noise. Although impulsivity is not included in the diagnostic label, it is college english person, also considered a behavior characteristic of cheap reseach, this disorder. When impulsivity is essay person, paired with hyperactivity, the person appears to act without prior thought or intention. Impulsive behaviors are often intrusive, rude, and dangerous, sometimes resulting in fair accidents. English Essay Help Influential! For example, children may not think about university landing when they jump off a ledge to essay help, catch a ball.
Given that all children tend to exhibit some of the behaviors characteristic of ADHD, such as daydreaming, restlessness, or thoughtlessness, it is important to understand the my essay population, difference between normal behaviors and a true disorder. True ADHD symptoms are long-term and severe enough to impair someone’s everyday functioning . Moreover, symptoms must occur in more than one environment . For example, in children, this means that the ADHD symptoms interfere with success in school and relationships with parents, siblings, or peers. For adults, ADHD interferes with both work and family functioning. Experts consider ADHD to be a chronic condition that has no cure. However, individuals with this disorder should not give up hope.
There are many different treatment options that can help people successfully manage ADHD symptoms and college influential person move forward in their lives. i have had adhd for 7 years now and visit book fair essay it is english essay influential person, just so had to buy essay schizophrenia reseach paper, find help so if u all have somthing to tell me that will help it woud be nice. Strattera has worked very well for college english help influential person me. Buy Essay Online Cheap Schizophrenia Paper! When I took ritilan it gave me twiches. Ask your doctor. Good Luck. i have a son who has adhd but i heard that the medication is college english essay help, expensive that stopped me to book fair essay, go to college english influential, a hospital specializing adhd.do you have other options for me to help my son overcome this disorder.i am a mother from help map a third world country.thank you so much and God speed. Ok so, my name is Rachel i'm fourteen and I have ADHD inattentive subtype. I have no idea if anyone even knows what that is. But I have been on two kinds of medication and so far the college help influential person, Adderall XR is the one that works best. I was on Strattera since 3rd grade, it started out fine till I kept getting violent stomach aches.
They got worse as I continued to take the medication. Eventually I told my mother that flat-out refused to take it. I found out later from online cheap a few friends in my school that they had had the english, same problem. (one of them even progressed to vomiting) So throughout most of 7th grade I didn't have medication. I did OK in cheap reflection school, but i could have done better.
Eventually my mom took me to see the doctor and they put me on the Adderall. (which is a lot like riddlin) It has been perfect. The only essay help influential person, minor flaws it has is that: 1. it curbs your appetite (children who are skinny already may need to drink things like ensure or boost to buy essay online essay, keep thier weight up) 2. it is an college essay, anphetamine, so if it isn't taken with care it could make you high, and/or addicted. 3. even if you do take it with care, on days when you forget to take it you may experience minor withdrawl symptoms. (irritability, drowzyness, mood swings) 4. it causes some sort of slight B vitamin deficiency. (I just take multivitamins and cpm homework map i'm fine) other than those it is a great way to control your ADHD. now some people say that riddlin (adderall) gives you ticks (twitches) but the college essay influential person, truth is, it only gives you ticks if the dose is too high.
Anyway, that's about visit fair essay all i have to say on the medication part. Essay Person! one more thing tho, HERBAL MEDS DO NOT WORK! so yeah that's it. If you are short on money or find it difficult to write my essay population, buy or locate the medication your child needs. You may have a cheap alternative in college english help person your home. Caffine. Not all children react the same to how to, caffine. For some, it makes them calm and helps them concentrate.
In other cases, it makes the child hyperactive. You can do a simple test at home, give the child caffine, and essay influential person see how they react. Visit Book Fair! If it boosts their hyperactivity and makes it worse, oh well, it was worth a try. College English Essay Help! But if it makes them concentrate better, Great! It's cheap and has it's flaws but it may just get you through. alot of cheap population change, this is college influential, rubish like anythnig you can find on adhd im 25 and am one of the most extream cases in uk iv herd so much crap from ppl that no know more then wot tv or there dr has told them full blown adhd really adhd is ways to end, not nice people if you kid is actin like a brat that is not adha if thay go nut when there not ment to that is not adhd lots of people now blame anything thay can on adhd it makes life hard for thos how have it it is so much more then bein hyper or not doin as your told one day the world will change its way of thinkin .. but for me stupid people and tv shows make my life hard as if it wasnt already every time i see some brat on tv usein it as a get out of trouble card i think there perants should be locked up and stoped from english essay help person havein kids thay are lazy and how to write sales wont to blam something for being bad parants. the bigest problem tho is the dr's sellin any drug thay can to make cash mum's and college dad dont give them to your kid i was on visit fair essay, ritalin for years b for i was told wot it had don to me your kid anger and mad actin is as a result of this like a coke addict on person, a come down thats wot your putin your kids thru docs will tell you differnt but i spent 14 years on it thay sold it i think i know wot it dose to someone give them good food exersize and get them in to university, something like acting thay will make you proud .. College English Influential Person! dont try and change them thay will fight it teach them to usew there extra power to be better faster and smarter do this and you will do well . i was diagnosed approx 2 yrs ago. i need help i have had the symtoms since childhood. Write Copy! 2 years ago i was also diagnosed bi-polar. im on essay help influential person, several meds now staterra, ziprexa,prozac. the meds help some what. any ideas that might help me come to grips with this illness. My Essay Population! i only learned tonight that it is not curable. College Essay Help Influential Person! thats pretty frightening. hey mike those things you said are true but this article does not says anything like that it just shows common charecteristics of adhd children i know i have been diagnosed with it as well and i have these exact problems anyway your probably not a kid unlike me so why are you saying its rubbish. Just to to end a compare and contrast essay, let people know that medication is not the only way to treat ADHD for college english essay help influential person either children or adults. A psychologist trained in it can do Coaching, and that is training in specific behaviors to help overcome the symptoms of ADHD, such as: learning refrain from how to write interrupting people, keeping yourself organized, making eye contact, listening skills, etc.
It works. Medicine can sometimes be helpful but, with or without medicine, it is important to get the training. Any parent with a child with adhd please be careful while they are young. My son was dx at essay influential the age of 6 and a compare and contrast essay was placed on help, ritlan in high doses, he was kicked out of and contrast, school in kindergarden and they refused to allow him in school unless he was on english essay person, medication. He is now 32, his adhd never improved, the experts now say its because of the medication. Buy Essay Online Cheap Paper! As they get older some go to college english influential person, street drugs because they are looking for that normal feeling again they had with the visit fair, medication when they were younger. Essay Help Person! Some become worse, develop drug induced bipolar disorder which causes them a life time of hell and hard to get good help for because they can not keep a job or insurance.
Fight for your kids while they are young, and make sure they follow up into their adulthood for cheap population change their sake and yours. my neice has adhd,odd, an bi polar disorder. she was kicked out of college, pre-k for to end a compare and contrast bitting the teacher an thats when we first found out college english essay help influential person, she was diagnosed with these disorders. My 3 children are now grown. They all have ADD or ADHD. To me it is an inability to ways a compare essay, focus in on tasks (the worse the ADD, the more tasks this applies to).
They procrastinate, but a deadline gets them to college english influential, get the ways and contrast essay, task done--at the influential, last moment. They cannot do jobs which require them to initiate the ways essay, work. The work must be coming at them--such as asnwering incoming calls, customers waiting in line to be helped. One things I have not read about that I see associated with their ADD is that they go beyond disorganized or forgetful--their apartments, cars, and even their personal hygiene definitely are affected--things are gross, slovenly, not just cluttered. One has a hot temper one wihout hyperactivity any longer has instead developed social phobia the other has autism. This is definitely a neurological problem which needs much more research and college english essay help person much better medicines.
Gross motor skills, hand/eye coordination and learning disabilities such as dyslexia also run in the family. Please support more research--these are bright minds we cannot afford to lose, and they are also young people who are suffering . I have suffered with ADD for so long until I found and made up every coping skill possible. I knew from a very early age that college wasn't an essay, option. I hated to read. I can't stand being bored, I'm impatient and I loose everything. I could not imagine how I'd ever get into college or finish once I got there. I am now a 45 year old . I teach 8th grade, I've been teaching for 20 years. My class is the fun and activities change often because I can't stand being bored.
This is real and very serious. Anyone who suffers with ADHD really should get some help. Hi Mrs. Beautiful Brown, Congratulations. You are doing an excellent job of successfully coping with your ADD.
Yes, I agree with you that others with this problem should get help with it. They can see a clinical psychologist whose focus is adult add because they can help clients learn the very techniques you taught yourself. There is no reason why add needs to keep anyone back. College Person! You made a wonderful career choice and it works well for you. Buy Essay Online Paper! Keep on college english influential person, with the great work you are doing. hello every one i am a 16 year old who has adhd and ways a compare i would like to say to english help person, every one that this is a very beatable problem i was just like ever other kid with adhd but now im in a great place im very well in the mental health system and online schizophrenia reseach you would think that im in college english influential person it but no in fact im on the board of a whole non-profit comp. im very happy that i have learned many ways to deal with this and i would like to say that if any one would like to cpm homework, know any more about college help influential person me and my story of visit book essay, growing up with adhd and beating it i will leave my e-mail.
i would also like to know from some one it did say that forgetfullness what a part of this but i really have some probelms with that i some times more then less forget my friends names and if i have home work to do i have many things to do i go around Oregon supporting youth and what they want to english help influential person, do with there mental health and i some times forget to go to university, meetings so i would like to know if there is any way i can imporve my memery some how. i would like to say thanks to college english essay help, the people who really care. My son is now 13 he was diagnosed with adhd when he was little and they tried to medicate him when he started school and at first i refused because i thought we could manage but by the time he was in online reading 1st grade it was soo hard for college english help him i agreed and in how to write copy 2006 his doc sent him for a random ekg because new studies showed the meds caused heart problems and his ekg came back abnormal he had to go see a ped cardiologist and continues to college english essay influential, see him now because these meds casued his left ventrical of his heart to be enlarged and cheap it just devestated me i thought i was doin the right thing for him and i hurt him he can have reagular activity but the doc said he has to know when to college person, stop so he wont over ways to end a compare and contrast essay work his heart and possible have a heart attack or anything it just scares me because he dont know when to stop he has all the symptoms of english essay help influential, adhd excessive noises not doing well in school because he cant focus and hes constantly moving ect.. he has seen phycologist and doc and nothing helps i took him off the meds as soon as the ekg but its so hard for him he dont have friends we dont have good family time together it just makes me sad i wish i new what to do i want him to online cheap reading essay, have a good life any suggestions my email is email@example.com. I am 13 years old and I have had ADHD my whole life. English Person! I have gotten into trouble and had trouble making friends.
But since the population change, 5th grade I have been out of trouble and tons of college person, friends. The only way I was able to do this was with the love and support from my family, therapists, and many adults who knew I could do it. I currently play basketball, football(Quarterback), baseball(pitcher and short stop), and track(long distance). My grades are A's and my essay change B's and my life is really good. Person! I still take weekly therapist. I am currently 18 years old and have a medical marijuana license. I also happen to have been diagnosed with ADHD and buy essay online reseach it has been a problem for me in the past as i have been expelled form 2 school in 2 years because of my impulses. i have found the essay help, most effective cure other than pills is to smoke weed as it calms me down and really makes me think about things before acting.
I was just browsing and thought I'd post a question/comment regarding the previous comment about sales someone using marijuana to college help influential person, help with adhd. I am 29 years old and received a medical marijuana license about 9 months ago. I have been using cannabis regularly for the past 3 years. Buy Essay Online Cheap Reflection! I also used a little bit when I was 17 (and occasionally in college), but not on a regular basis. I stopped for the most part, because it brought on paranoia. Essay Help! However in the last few years I found that I get less paranoid and it helps with anxiety, depression, stress, headaches (I used to get migraines as a kid), and muscle tension. I am continually seeking alternatives to remain healthy such as yoga. I also display signs of slight adhd, though have never had official diagnosis.
My question is this: Although weed helps reduce anxiety (thereby allowing one to focus), it also can scatter my mind so that I find myself starting many projects but only write, finishing few. English Help Person! So it also de-focuses people. I don't want to go on cpm homework help, ritalin or adderall, but does anyone know the best treatment for essay help influential ADHD? Also, I learned in graduate school that in buy essay online cheap schizophrenia reseach paper the new DSM, there will be a new diagnosis that will have a blend of anxiety and depression. My teacher told me that therapists have known about this blended diagnosis for a long time and have been treating patients using this knowledge, but this new official diagnosis will help people better understand the issue. One more question: People who cannot sit still and focus may have anxiety. But when people are too relaxed (which can sometimes look like depression), they also will not get their work done (whatever that work may be). College English Essay Help! So, do people still need to go on to end a compare and contrast, two different medications?
i was diagnosed by a psychiatrist with ADHD approx 6 yrs ago. I was prescribed Stratterra and help influential Depacote. The depacote made me upset and I have tried several mood modifiyers since, but the ways to end a compare and contrast, Stratterra has been tremendously successful. I started using methamphatime about the same time. It struck me as feeling a strong dose of college essay influential, Stratterra and have been on them both since. It's very confusing, but I feel better than I did before.
Good luck to all with this disorder. Buy Essay Cheap Reflection Essay! It's a rough road! Hello Bear Bear, I very, very stronly urge you, plead with you and even beg you to stop your use of methamphetamine. It is higly dangerous, addictive and influential will cause you to lose control of buy essay cheap, your life. This is not my opinion, this is college english help, fact. At your age you should be seeking Cognitive Behavioral Psychotherapy with a properly trained clinical psychologist in this set of techniques. Reflection! ADHD is something you can LEARN to college essay help influential person, manage. All of your information has been so helpful as I am researching a presentation on ADHD.
I need to cite sources and I was wondering if you had a works cited page for where you get your information from. Thanks! I am 50 years old, and buy essay cheap reading reflection essay have wondered if I have ADHD. I have had many jobs over the years and have been fired from all of them for essay one reason or another. My mind works very fast - ( I am told). I play online scrabble games of buy essay reseach, 3 to 4 minutes.
My interpersonal skills are less than wonderful. I only have one really close friend, and lots of acquaintance. Anyone able to give me some insights? Stop trying to portray persons with the so called ADHD as abnormal, what is college english essay help influential person, normal any ways. I have ADHD and I can focus and I can pay attention, but only to those things and situations that really interest me. Cheap Write Population Change! I hate monotony, I was not made to perform the same boring thing all the time, nor I can’t stand slowness. College Essay Help! May be that is because my mind works as fast as the speed of light. We, persons with ADHD are not ABNORMAL, wed just learn differently and function differently. For example, office work is not suitable for a person with ADHD, but movie actor or any other profession that involves lots of help university, action and excitement will be perfect. Doctors and other professionals should stop labeling persons with ADHD as faulty.
The only faulty thing is the society we are living in. My six-year-old is english person, extremely talkative (verbal diarrhea), constantly moving, and buy essay online cheap reading disruptive at home and at school. I'm not the best parent, but neither am I the college english essay, worst. My Essay Change! We provide for him, love him, discipline him. On that front, sometimes I lose patience and yell — God help me he is a handful — and college essay person when I do he tells me I don't need to yell because he is just a little boy and that makes me feel like poo. I have educated myself on to end a compare and contrast, ADHD so that whenever a teacher makes a subtle hint in help influential person this direction, I can cut them off at to end and contrast the knees. My son is help influential, reading a couple of grade levels above his age, he can concentrate for long periods of time on his many, many interests (building, basketball, chasing our cats, etc.), he does his homework pronto with the buy essay online schizophrenia, promise of english influential person, a cookie when it's done, his brain is firing on all cylinders.
My quiet bright bookworm daughter tells me she wants to be a teacher. I think she will be a very good one. My crazy, wild, hyper son tells me he wants to be a scientist. I think he will make a great one. What might he discover? He will not be labelled or druged as long as I have a breath left in my body. These children are not easy, but they are seeds in humanity's development. We must nurture them as best we can. In regards to labeling a child with ADHD - just the fact that you see it as a label speaks volumes. We all must remember there are so many levels of severity and different manifestations.
Structure at buy essay schizophrenia reseach paper home is a big benefit to children with ADHD, they tend to thrive in structure/routine especially with supportive parents. The problem is that many children do not have that, either the home is dysfunctional or simply one where both parents have to work and no routine can be established. Also, so much focus has been on medicating, a quick fix, medicine only college essay, helps the child behave / perform IF THEY WANT TO, it does not make them behave - it gives the buy essay online schizophrenia reseach, ability to choose, a bigger focus here is the english essay influential, importance of counseling. For those in which the impulsivity is expressed to the point that it interferes with relationships and success, counseling can help teach / guide them to develop those behaviors that seem innate to non ADHD suffers. It teaches them how to bring out ways to end a compare essay, their strengths, how to handle their weaknesses and how to develop habits will help them succeed throughout their life. As a former elementary school principal, I am quite aware that attention difficulties are just the english help person, tip of the cpm homework, iceberg. ADHD children can't filter out college person, distractions, finish tasks on-time, use their memory optimally, etc. A pill doesn't teach these skills. Dr. Dombeck's Note: An absolutely true observation. As is the case with many 'mental' issues, there are multiple ways to approach the problem(s).
Medication has its place, as do behavioral and psychoeducational interventions. Buy Essay Online Schizophrenia Reseach! No single approach will address every aspect of the issue(s) needing to be addressed, and the manifestation of the issue(s) will vary with each child. College Help Person! Where one child may respond well to a single approach, another may require a different approach or mutiple approaches offered at once or in series. Not all professionals are aware of or good at offering all the various approaches so any given professional may not tell you about help other approaches that may be helpful. I know that you mean well for your son but you really need to think more prudently than you are at this moment. Here is why: 1. The problem has nothing to do with labeling but with removing any obstacle to college english help, learning he may have. The fact that he is extremely bright has nothing to with ADHD. Online Cheap Schizophrenia Reseach! I have met medical doctors, lawyers, dentists and all types of professionals who have this problem. 2. Yes, love and nurturing are extremely important but parents sometimes need to do more.
If your son does have ADHD then it would serve his interests and his future well if he got help now. 3. English Essay Help Person! Help now for ADHD does NOT have to map, do with medication. There are psychologists who are expert in providing the kind and types of training that helps children and adults with this problem, learn to compensate so they can progress. 4. Help! Are there dangers to doing nothing if he has ADHD? Yes. All the evidence shows that untreated children with ADHD run the risk of online cheap reflection essay, coming to feel alienate by adolescence and aligning themselves with delinquent types of kids. College Essay Help! That brings with it drug abuse and how to write sales copy other problems. 5. English Essay Influential! Finally, I have no way of buy essay online cheap essay, knowing if your child has ADHD or not. However, if teachers are hinting at college english essay help influential person that I would suggest that you have him evaluated. Cheap Write My Essay Population! If the evaluation shows that he has this disorder, then help can be provided. Please know that medication is not the only or even the best treatment except in very, very severe cases where a child is college help, uncontrollable and that does happen.
Please, keep your mind and options open. After perusing this article, I offer this information: At least two countries, the a compare essay, U.K. and Australia, are moving to ban products containing synthetic food beverage dyes from english person their shelves, thought to buy essay reflection essay, cause problems in children, including symptoms of ADHD, plus other health concerns in college english essay help influential person adolescents and buy essay cheap paper adults. One U.S. company, a Minnesota-based firm, has developed an all-natural, non-GM alternative to the petroleum-based dyes that for essay help person years have been used in cheap my essay foods, beverages, cosmetics and other products put on or in our bodies. High in antioxidants, this new product, now catching the english essay help person, eye of cheap write population change, large U.S. food/beverage manufacturers, is derived from a specially developed 'purple' corn hybrid. College English Help Influential Person! Once the buy essay online cheap schizophrenia paper, natural dyes are extracted, the starches, proteins and oils in the corn are sustained for influential person continued use along the food chain. To learn more, go to www.suntava.com. I could tell at a young age that I was different. I was very active mentally and physically. My parents helped me by book fair, putting me on Ritalin. Which helped a lot but didn't change how my head worked.
I have struggled though out my life to maintain what is considered normal. After going on english person, home school in 9Th grade I graduated a year early from high school and moved out at buy essay 17. I began seeking help at college english essay help influential age 20. Ways A Compare! Due to being miss labeled bipolar I was on college help, several medications for all most 8 years from age 22 to 30. They made me slow down and appear to cpm homework university, less symptoms but i could tell in my head that nothing was changing so I'd be on them for college english essay help person life. Buy Essay Online Cheap Schizophrenia Paper! I have been in counseling for 6 years and have finally found a counselor who presents things in a fashion so that I understand. Once I became a father I knew I had to stop running from what I needed to change about my self and stopped the medications so I could face and change my issue's in order to help them with their road ahead.
I'm happy to say that I'm making progress and getting my kids the assistants they need so that they aren't trying to change their mind, habits, and way of thinking as a adult. Thank you for english help person reading my input and population please remember. To each their own and college essay help influential thinking will not overcome fear, but action will. HI! I'm 23 years old and online cheap I have ADHD. I was diagnosed as a child. I don't agree when people say that it affects the ability to pay attention, because I pay perfect attention to things that excite me, like driving my truck around or playing sports. College English Help! I love to buy essay online schizophrenia reseach, watch funny or action movies, I hate reading at all , no books, magazines, letters, bills, or getting on english essay, the internet. University Map! I don't like to read because by the time I've finished a sentence, I have forgotten what the english help influential person, first part of the sentence was that i just read.
I can't do simple math in my head. But I can make you a hat rack out of some metal coat hangers. I can do 3 front hand springs in a row on my front lawn. I'm a 2nd Degree Black Belt in Tae Kwon Do and I gained the rand of World Champion in write sales Sparring in english influential 2002 when i was 13. So you see I do not have trouble focusing, I have problems with short term memory and I can't stand to be bored at visit book fair all. Please stop Medicating kids with ADHD and english essay help influential person ADD. Give them attention, give them sports, give them ARTS. my daughter went to paper, the doctor because her teacher wanted me to test her. well i did. College English! we were in how to the office about an hour and english essay influential she was like your daughter has the how to, attention part of the adhd. so they put her on adderall.
I just had this feeling she did not have it. College Essay! so i took her for counseling and they suggest a test and to see a psychologist. well we did and completed the test. come to how to sales copy, find out she did not have it at all! she had mild anxiety. so i say before you just put your child on essay person, meds , go and get a second opionion!! so glad i did. This is how to, very difficult for me to write, because I am a very private person. By writing this, I am not in college essay help any way trying to blame my ex for buy essay cheap schizophrenia the way our relationship ended, I’m just trying to share my store. College English Help Person! She is 46 y.o. and is currently working on her Ph.D. degree in buy essay cheap essay clinical psychology. English Essay Influential! I am 43 y.o. and worked in the legal field. We both have children from a compare essay previous marriages. She has two adult daughters (mid 20s) and english influential one son, age 9. I have one son, age 11. We thought that destiny brought us together and that we were meant to buy essay online cheap essay, be together. This is my story: I met NJ June 20, 2009. We dated for english essay help influential 12 months – off and on. The whole time, it was a big rollercoaster.
A week or two after we first, met, I saw her again at the pool in our apartment complex. She started our relationship by telling me that she had to apologize to me because she had a sexual dream about me. Reading Reflection! We ended up getting sexually involved and college person before you knew it, I was watching her son, during the nights that she had to work late due to reading reflection essay, her schedule as a Therapist. The first 2-3 months were great. Then, things started to college essay help influential, go up and down. She wrote me a 10 page hand written letter within the first 2-3 months, which was full of hate, resentment, offensive language, etc – she basically told me of help university, what I was going to dye of. College Help Influential Person! She always found reasons to online schizophrenia, fight with me. Granted, I have a temper too, but always chose to walk away or go back to my apartment – which she did not like, since she wanted me to college english essay influential, stay and argue with me more.
She broke up with in so many times, that it’s hard to remember how many times exactly. Help University Map! One day, NJ, her son and I were at a Cub Scouts meeting and she was not happy because I said hello to a lady that I knew, so at essay the end of meeting, when we were walking out to how to, my truck, she started yelling at me and telling me all kinds of obscene things in college front of her 9 y.o. son, because she was very angry and upset. I did not know what she was angry about until I found out at a later day, when she was calm, because I asked her what happened. I can go on and on about all the different arguments and break ups during our 12 months of dating. I always tried to essay, make it work, even after I got the first sign of trouble (the 10 page hand written letter), I called and apologized to her for what I had done and got back together. I realized that she needed to english help person, vent, because may be her job as a counselor/therapist was demanding or perhaps, because she was sexually abused by how to copy, her biological father when she was 5 y.o. or because her son also had ADHD and was also sexually abused her his own biological father and step brother when the child was 4 or 5 y.o., I don’t know what the real reason was, but I was tried to college essay influential, make the relationship work, over and over and over. On many occasions, NJ and I made plants, for example, we were going to help map, go on vacation last summer, but for whatever reason, she told me to college english essay influential person, hit the road and did not want to see me anymore. One day, she brought up the fact that she wanted us to ways essay, move in english essay help person together and make a family for the boys, we then decided that we were going to buy a house together, based on my excellent credit, because she had just declared bankruptcy, but for some reason, she broke up with me again and told me that she did not want to help, see me again. She could not manage her finances she admitted on college, several occasions that she could not balance her check book and that in help university map fact, she had never balanced her check book her whole life. I always told her that she had two personalities. One was the personally that I fell in love with and loved very much and the other personally, was the hurtful, mean, no care in world or did not care about college essay help person other people’s feelings.
She always found reasons to start an argument, even though, I told her many times that I did not like to argue/fight. Our relationship was mostly together because we both loved our sex life. She is a very sexual person and so am I. But, she requires masturbation all the time. She explained to me that through out her life, she had had multiple sexual partners and that on previous relationships her way of ways to end a compare, getting over other guys was to find another guy the same day and jumped in bed with the new guy that same night. I initially thought that that behavior was due to help influential person, her being sexually abused at age 5, but after reading the cpm homework help university map, posting in this website or other books that I got from the library - sex drive increases due to college essay help, ADHD.
I could never understand why she needed to to end essay, masturbate so much, because she had me and because she always told me that I satisfied her, but I wanted to college english essay influential, deal with it, because I am a sexual person myself. Which, now looking back, that was the how to write copy, only time that we never argued – we were very comparable in the area. She always borrowed money and/or told me to buy groceries and/or made all kinds of promises, but never paid me back the money that she owed me or never followed through with her promises. She kept her house not that clean and I always excused it because I though that she was too busy due to her schooling, job and college english influential her ADHD son. On several occasions, I told her that I strongly believed that she had ADHD, because she exhibited the same types of behaviors as her son who was diagnosed with ADHD. She dismissed it as saying that I did not know what I was talking about. Write Sales! On other days, she did acknowledge that she could not balanced her check book, could not keep up with the house chores, was short tempered, could not handled a lot of stress, her mind raised and had a million thoughts, wondered why she chose a profession that deals with people when she does not real like or trust people, or how she is so depressed that she is unable to essay person, get out of bed. She likes to buy essay cheap reflection essay, go to Bingo, but did not do it as often as she wanted to. She made several impulsive decisions, like buying a whole set of living stuff, just because she broke up with me in May 2010.
When I asked her about it, she dismissed it as something normal that she does when she is college help, mad. In June 2010, we talked on the phone and she told me that she wanted to get back together and I told her that she needed to see a doctor to ways to end a compare essay, helper her with her ADHD and she responded that she was worried about the side affects of the college english essay help, medications and did not know how it would affect her personality. I’ve suspected that she was either talking to buy essay online, some one online or by phone, but could not prove it, because I am not one of essay influential, those people that like to snoop around. I believe in population change trust in the relationship and college essay influential trusting your partner. Write My Essay Population! I caught her in so many lies. I found out that she liked to trash me to her friends and college english essay help person family. Online Cheap Schizophrenia Reseach Paper! She always blamed me to everything that went wrong in our relationship. She never apologized for all the hurtful things that she said and did or all those empty promises. Since we were unable to buy the college help person, house that we wanted (due to how to sales copy, the fact that she changed her mind more than once), we were able to find a house out in the country and signed a lease agreement early May 2010.
However, on my son’s birthday weekend during which we were planning to celebrate his birthday at the new house, on May 29, 2010, NJ decided to break up with me for college english person sure, so she told me to get out of the buy essay reseach paper, house or if I would not leave, then she should leave, but that we could not leave together at the house. Obviously, I left. We tried to be friends for the month of June, but I noticed that she started flirting with other guys more openly than before, in front of the boys and english person I. Cheap Reseach Paper! Later I found out that she had another guy over to the house the influential person, same day that she broke up with me (5/29/10), but when I confronted her, she said that it was nothing. Book! Mid July 2010, we attended a Christian Church Camp together and I over heard her talking about me, so I decided to english essay help person, leave the help map, camp (I do not like to make scenes) because when I confronted her in private, she denied the whole scenario. College English Influential Person! Two days later, my son and I came back to cpm homework university, the church camp because NJ’s son was going to be baptized however, we were only there for about an hour, when NJ had us kicked out of the camp, because she did not want us there and made this whole scene in front of english essay help person, all the buy essay online cheap reflection, people at the camp. We did not talk for about 7-8 weeks, I tried emailing her, no reply I called her cell the last week of college essay help influential, August 2010 and write change told her how much I love/care/worry about her and ended up writing her a letter with all my questions as to how our relationship went from essay influential person good to worse (closure letter). Instead of cpm homework, answering or calling, she called the Sheriff Department. On September 1, 2010, I received a call from a sheriff deputy telling me that NJ had filed a harassment complaint against because she did not want any contact me, because I was extremely controlling and told me to never contact her again, which I never did again. I did not understand why she did all of these things and why she had to end it the way she did. Why she made all those plants for college english essay help our future and buy essay online cheap reflection essay all of those empty promises, which she never followed through.
I was devastated. I was heart broken. I felt that I must have done something wrong or may be not enough. So, I decided that since she did not want to give me an answer as to help, why our relationship ended the way it did I went to the library and read books as well as articles online. Ways To End! I found this site very helpful, because it made me realized that I did not do anything wrong and english help influential that she is not an evil person.
All that happened was just her un-diagnosed ADHD or her lack of desire to get help. I remember that last letter that she wrote it said that she tanked God that I am out of their lives! She also said that I only brought her conflict and to end a compare that as soon as I was not present, peace returned. Thank you for writing your stories, because it has helped me cope with the loss of the person that I thought was the love of my life and my best friend and because I felt guilty that I did not do enough to help her and make this relationship last. In my heart, I feel that she will come back into college help influential, my life, but my head tells me that I would be a fool if I trust and believe her again. I’m taking it one day at a time. Thanks. I would say you didnt have no fault to your relationship and your ex-girl was very lucky to have someone like you. Cheap Write! I believe i may have some symptoms to hdd but still in a deniel coz when i read your comments i some what sound like your x-girl but not too extreme. I would get mad wiht my patner for no good reason just coz am frusterated about jelousy or anger or he might remend me of my past relationships unfortunately they were not kind enough to help me as you are trying to help your ex-girl i personaly wish to have someone to deeply understand me as you did with your girl. College Help! but am not loosing hope and help university map so do you. Essay Influential! now you know it wasnt your foult it doent mean you should not trust any woman again or woman should not remind you of buy essay online reading essay, your past and i hope to find a good husband to college english essay influential, understand me as your ex-had and now that i know my faults i will let my patners know so i dont have to how to sales, end my relationship by walking away from it without any reasons coz the only easy way for me to college english influential, end a relationship withouth working on it is t walk away from it . Online Cheap Reflection Essay! thanks for sharing your story with us. you prove me wrong that there are nice man out there who are willing to college english essay help influential person, put there time and heart for someone.
Thank you and God bless and hope you find a nice person one day soon. and i would say in book my own experience dont go back unless she is fully cured from inside out. goodluck. Thank you for you kind words. College Influential! I've been reading a lot about ADD/ADHD since the end of cpm homework help university, my relationship with my ex and found a lot of similar situations. I finally found realized that I was not crazy and that my ex does not ADD or ADHD. College Essay Help Person! I am learning to online reflection essay, let her go. Since our break up, I saw her a couple of times driving around our city (last time was this pm) and college help influential realized that I did not feel bad by seeing her so I must be healing from the break up.
I know that she will come back, but I already know that it is sales, already too late for college english essay help influential person any future together she did it once, she will do it again, besides, she is already with another guy and I'm sure that she is on her hyperfocus on him, so I am not in her world anymore. I'm taking it day by day. Thank you. I finally realized that I was not crazy and that my ex does have ADD and/or ADHD. Hi, I was just reading everyones stories an how to, though that I should share mine, I started showing signs at college person a very young age, like a toddler, My father would take me to his mothers, and I would just keep walking , even after he had called my name several times, also I alsmost walked off of a pier and went into the water at 3, my father had to write my essay, catch me, I was very fast, and could not stay still for a moment, even as a baby, my mom would go to change my diaper, turn to college essay help, grab the new one, really quick, then would turn to see me gone, and I was out the front door in the yard naked. She had to buy a leash for buy essay me, but then I just figured out how to take it off. I also suffered from a lot of college help person, Trauma growing up, I lived in a dysfunctional home, my mom was an alcoholic, and gambleaholic. She had six kids, but 5 lived with her the longest, so she would find friends and relatives to watch them, but noone would want to watch me, so she would take me with her to go bar hopping, I was four years old, One night she was drunk, and buy essay online cheap reading reflection called a cab to come get us, while we were in the cab she hit on english essay help, the driver, and he refused her and help university while I was in the back seat with no seat belt on, she grabed the steering wheel in english essay person a drunken rage, and turned the cab into on coming traffic, we crashed onto cheap reading, someones lawn and help I hit the sealing of the cab, I was hurt in to end and contrast the back crying, and she just ignored me to fight with him.
This driver (after my dad left) became my step dad. We did not get along at all, we fought all the time, and this dysfuntion went on for years, I was always called a lieing little bitch, I will only english help influential, end up being a whore, that I was evil and sick and there was nothing anyone could do for me, My teachers, family, other kids, relatives always told my mom, in front of me, that there was something wrong with, I was wierd, different, stupid, e.t.c, I couldn't learn my times tables, and a compare and contrast my step father tried to help me once, and ended up screaming at essay help influential person me, that I cant be that stupid, and that was the last time he helped me with homework. All my life I just barely got by in school, I always thought I was stupid, I had 2 addministrative passes, I spent 3 years in grade nine. Visit Fair! At the age of 6 I started to detach myself, I was distant, I had no conscious, I did not regret or feel bad for what I did, even if it hurt others, I was very impulsive, I wanted to die, (at six years old) my mom took me to see a specialist in the mental health field, I had to do this till I was a teenager. She took me everywhere to see everyone, and nothing helped, my mom thought I was deppressed.
I was sexually molested, and I ended up losing my verginity to some random 17 year old when I was 12, because I thought that if I wasn't a vergin anymore then maybe it would stop, I felt discusting and dirty. and I was verbally, and mentally , and physically abused growing up, I was also neglected, I was a wild child, doing whatever popped into my head at random times, I remember convincing my friend to climb a traffic sign with me, I made her believe it would be fun, and then when we got up there she stoped and started freaking out, cuz she looked down and college english help person I told her not too, then I couldn,t get down, because she was in my way, so the cpm homework help university, fire departemnt had to get us down. I had a hard time keeping friends, people were always scared of me, or there parents were, I started hanging with other kids that I would get into to trouble with, so I ended up in the criminal system, I had a bad temper, so it was all violence, I was crazy, I put holes in the walls, I tried to kill myself, I thought if I took my life it would save my sisters, cuz she was dying of cancer at college english essay help person the time. but my mom caught me, and tried to commit me to the mental health part of the how to sales, hospital, put this one specialist I saw, he diagnosed me with ADD, but my mom did not like that answer, she thought I was deppressed, my mom was diagnosed clinicaly depressed, and has a anxiety disorder, she takes constant medication for, she is college english essay influential, addicted to it. So when she tried to admit me, they called him and he said do not admit her, she suffers from buy essay cheap reseach paper ADD,so after he said that she ended the services with him, and had my file closed. I was going nuts in there, they had me in this room, and were interogating me, my mom did not like it when the doctors said they can't admit me, so she said I'm not taking her back, and left me there, so the only thing they could do with me was send me to jail for the weekend. Eventually after awhile of college english essay help influential, all the teachers pleading with my mom to put me on ritalin, she finally caved, I took it for visit a minute, but I didn't notice a change, I perferd self medication, so I did drugs too, like weed, valium, alcohol, coke, crack, LSD my personal fave, and college english essay help exstacy.
I grew up to buy essay online schizophrenia reseach paper, have many dysfunctional relationships myself, and no one wanted to person, put up with me. I'am now in this wierd state with 2 children. I feel as though I have border line personality. I was made to believ all my life that my name was Lana Vance, but my mom told me when I was 17 that my real name is Lana Brown. My Essay Population! I was taught to english essay help influential person, wright Lana Vance since pre school. it was around then I started to change, and relized that what I was living in was not normal, I went from not having a care in cheap reflection the world, being loud, and being insane, to very suddenly calm and confused. I used to be aggrresive, and assertive, and essay help influential person now I'am passive, and quiet, I don't have any friends or family that come around, and I'am always home taking care of two very small children all alone, I feel like I forced myself inside of myself, I feel really strange. Cheap Schizophrenia Reseach! I'am a zombie, I don't want confrontation, I want to just be alone.
I don't trust people. College Essay Help! I stay isolated, I push others away. I find myself cracking up, and then bearing down on cpm homework help map, myself. I want to be ok for my children. I'am very alone. I'am scared for my children. I fear that if something happends to me, what would happen to college help, them? my mind races. Book Essay! The fathers parents want nothing more then to essay influential, see me fall apart and take the cpm homework help university map, kids from me, they wont step in to help, they just stand back and wait. I don't know what to do.
I want to stay strong. But I don't know if I can make it all alone. In early 2005 i was diagnosed with adhd, in english essay help person 2008 i discharged myself because i dont class my self as having adhd, nor do i with anyone else. i think adhd is visit book fair essay, just an excuse for troubled minors/teens to actually fool around. the medication litterly made me ill, and it was actually bringing more anger out in college english me, making me sweat alot, gain vast amounts of weight then lose alot, and the help i received regarding counselling, relationship, and other types of guiding sessions did not help, i actually had one mentor that helped her name was Kath Armstong? (Blackpool, UK) her methods were phernomanal and i havent been able to actually thank her, i have not seen her in 2 years, and now im starting to essay, have troubles again, i think she would be great assitance as i have a lot of stress on english essay person, my mind at the momment, i'm only 17 also. I found a promising therapy for Attention Deficit Hyperactivity Disorder based on visit book fair, sounds. I tried with my son and it worked. You can try sample sessions here: It is college essay help person, possible for ADHD symptoms to be treated naturally. I have been a doctor in copy the natural health field for over thirty years and in college english essay influential my practice I have seen patients who were previously diagnosed with ADHD see improvements in as little as three weeks by making simple diet changes and adding basic nutrition. In my book Dr.
Bob's Guide to Stop ADHD in 18 Days I explain just what I recommend and why it works. I have more on this topic posted at www.DruglessDoctor.com. my little sister may have adhd, however the buy essay online cheap schizophrenia paper, teachers at her school can not reconize it, she can pay somewhat iattention at essay help influential school, but when she gets home or at church, she can barley stay still, listen, and when she gets mad she hits, cries, and throws things frantically. Im not sure if she is adhd but it does conern me. Ways A Compare And Contrast! She is essay, 7 years old and i expect at online cheap reading reflection essay first she's just natually hyper to an extend, but i do believe she may be adhd. any ideas? Copyright 1995-2015 CenterSite, LLC, All rights reserved. Copyright 2017 MentalHelp.net, All rights reserved.
Your call today will be answered by one of our paid sponsors. Additionally, MentalHelp.net hosts a comprehensive Addiction Treatment Directory so that you can view and contact any treatment facility directly within the U.S., whether they are sponsors or not. For an extensive list of local and english essay national treatment providers, both for-profit and non-profit, you may also visit www.SAMHSA.gov We recommend reviewing providers' accreditation with www.NAATP.org and write copy www.jointcommission.org. For more information about english essay MentalHelp.net, visit our about online page or contact us. Many addiction experts suggest that by removing yourself from your typical environment, and college help influential your “triggers”, it becomes easier to get and buy essay cheap schizophrenia stay sober.
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News, including newsletters, rankings announcements, new features and college essay special offers. We wondered what tips could be offered to ease the pain. Cheap Schizophrenia Reseach Paper! For advice, we turned to visiting blogger Jonathan Reider, director of college counseling at San Francisco University High School, who before that was the senior associate director of admissions (and humanities instructor) at Stanford University. He should know; he's been on both sides of the high school/college door. English Essay Influential Person! Here are his 10 best tips. 1. Ways To End A Compare And Contrast Essay! Be concise. Even though the Common Application main essay has only a suggested minimum of 250 words, and college english help person no upper limit, every admissions officer has a big stack to read every day; he or she expects to spend only a couple of minutes on the essay. To End And Contrast! If you go over 700 words, you are straining their patience, which no one should want to do.
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The Effects of Civil Procedure Rules on Dilapidations and the Role of the Expert Witness. The aim of this dissertation is to consider how the introduction of the Civil Procedure Rules (“CPR”) has affected dilapidation claims with particular emphasis on the role played by the expert witnesses . Essay Help Person? In considering this question it is also important to look at the broader picture and consider the general changes brought about by the CPR to English litigation, as well as the reasons behind the cpm homework map, need for such changes. Finally it is also important to consider whether these changes are working, and whether other methods of dispute resolution are adequate in dealing with dilapidation claims. This dissertation has accordingly been divided into four chapters. College Help? Chapter one provides a background to the reforms brought about by Lord Woolf, chapter two considers how the CPR generally affects dilapidation claims, chapter three considers the role of the expert witness and how to copy, chapter four considers other methods of dispute resolution that may be suitable in college help person, dilapidation claims. This is followed by a conclusion considering how and whether the CPR has been successful in changing the litigation process as so desired by Lord Woolf. Background to the introduction of the CPR. When enacted, the CPR was proclaimed to be a new procedural code.
The CPR is in fact the first and major part of a rolling programme of rule changes that have unfolded since it was first introduced in 1999. Reflection? Notably since 1851, there have been over 60 reports dealing with small or large aspects of reform in the fields of English procedure, both civil and criminal. The Civil Justice Review of 1988 identified expense, complexity and delay as the college help person, three main defects of the then civil system. The Heilbron/Hodge report 1993 aimed further blows at the system and it was perhaps as a result of this report that Lord Woolf was appointed in 1994 by the then Lord Chancellor (Lord Mackay) to review the system of civil procedure with a view to reform. Lord Woolf's two reports, interim and final, provide the online reading reflection essay, blue-print for profound changes introduced in April 1999. One commentator said that the Woolf enterprise of radical reform is college english essay influential person a noble enterprise which ought to be applauded and supported.
It is true to buy essay cheap reflection, say that the CPR represents the greatest shake-up in civil procedure since the 1870s, when the common law and equity jurisdictions were fused in a combined High Court, or since the withering of college essay influential, civil juries during the last 100 or so years. The three major problems of the old system of civil procedure identified by Lord Woolf, correspond with those already described in the Civil Justice Review in 1988 already referred to above, namely the high cost of litigation, delay and complexity. It was also seen as unequal and unjust, the defects I identified in ways to end and contrast essay, our present system were that it is college influential too expensive in that the buy essay schizophrenia, costs often exceed the value of the college english influential person, claim; too slow in bringing cases to a conclusion and too unequal: there is a lack of map, equality between the powerful, wealthy litigant and the under resourced litigant. It is too uncertain: the difficulty of forecasting what litigation will cost and how long it will last induces the college english essay help person, fear of the unknown; and it is incomprehensible to many litigants. Cpm Homework Help? Above all it is too fragmented in college english person, the way it is organised since there is no one with clear overall responsibility for the administration of civil justice; and too adversarial as cases are run by the parties, not by the courts and the rules of court, all too often, are ignored by the parties and not enforced by the court.
Lord Woolf was particularly concerned with the problematical adversarial culture found within English litigation, the adversarial process [namely the absence of judicial control] is likely to. degenerate into an environment in which the litigation process is too often seen as a battle field where no rules apply. As reported by the Chancery Judge Mr Justice Lightman, in cases before me I have had blue chip firms carrying on at their clients' expense feuds with each other in the form of vitriolic correspondence and total non-co-operation during the trial, where I have had to act as a mediator between them. If the price of impressing clients is indulging in these tactics, it is cheap reseach a price which no [practitioner] can afford to pay consistently with his duty to the Court, and college essay influential, the sanctions for breach of this duty must be real enough to deter recurrence. Lord Woolf also referred to a wasteful system which leads to every aspect of the case [being] fully investigated [by the book, parties]. This encourages excessive work and cost on issues which are often recognised from an early stage to be peripheral. He further added, I am also concerned about the college english essay help influential person, level of public expenditure on help map, litigation, particularly in medical negligence and college essay influential person, housing. In both of these areas substantial amounts of public money are absorbed in legal costs which could be better spent, in buy essay online cheap reflection essay, the one case on essay help, improving medical care and in the other on improving standards of social housing. An efficient and cost effective justice system is also of visit fair, vital importance to the commercial, financial and industrial life of this country and I was anxious to improve this, especially because of the evidence I received that there was a substantial risk of the existing system changing our competitive position in relation to other jurisdictions. Finally I was anxious to ensure that the judiciary and the resources of the Court Service were deployed to the best effect. In order to carry out college person, this task, Lord Woolf set out his proposals to change the landscape of litigation in paragraph 9 of his final report on Access to Justice. His proposed changes included the fact he wanted litigation to be avoided whenever possible.
He wanted potential litigants to cheap essay, be encouraged to start court proceedings to resolve disputes only as a last resort, and only after using other more appropriate means of resolving their dispute when these are available. College English Help Person? He accordingly suggested that information on sources of alternative dispute resolution (ADR) be provided in all civil courts. How To Write Sales Copy? Furthermore, he suggested that Legal aid funding should also be made available for pre litigation resolution and ADR. Protocols in relation to medical negligence, housing and personal injury, and additional powers for the court in relation to pre litigation disclosure, were also an important addition, as these would enable parties to obtain information earlier and promote the settlement of cases. Another important feature of the english essay help person, new regime, would be the provision that in commencing litigation both parties would be able to make offers to settle the whole or part of a dispute.
This would be supported by a special regime as to costs and higher rates of interest if not accepted. In seeking to make litigation less adversarial and ways a compare and contrast essay, more co operative, Lord Woolf proposed that there should be an expectation of openness and 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. English Essay Help Influential? Furthermore, the court would play a greater role in encouraging the use of 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. Write Sales? 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 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 special rules for specific types of college english essay person, litigation would be reduced to a minimum. All proceedings would also be commenced in the same way, by way of a claim.
Importantly, the claim and defence would not be technical documents. The claim will work to set out the facts alleged by university map the claimant, the remedy sought by the claimant, the essay, grounds on buy essay online cheap reading, which the remedy is sought and any relevant points of law. The defence will set out the defendant's detailed response to the claim and make clear the real issues between the parties. Both 'statements of college english essay help influential, case' are to include certificates by the parties verifying their contents so tactical allegations would no longer be possible. During proceedings the online reseach paper, court on its own initiative, or on the application of either party, would be able to dispose of college person, individual issues or of the litigation as a whole where there is no real prospect of success, whilst claimants would be able to start proceedings in any court.
The court would be responsible for directing the help university, 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 old pre CPR scale of discovery would be possible but in the majority of cases there would be a new standard test for more restricted disclosure. Special procedures, involving active judicial case management, to deal with multi party actions expeditiously and fairly would also be set up. College Help Influential Person? Rather than the irrational kaleidoscope of cheap write my essay change, different ways of college english person, appealing or applying to the High Court against the decisions of other bodies, there would be a unified code of cheap write my essay change, appeal. The timescale of litigation would be shorter and more certain. College English Help? All cases would progress to trial in accordance with a timetable set and monitored by the court (rather than be controlled in the best part by litigants themselves).
For fast track cases there would be fixed timetables of no more than 30 weeks whilst the court would apply strict sanctions to parties who do not comply with the visit book, procedures or timetables. Appeals from case management decisions would be kept to english essay help, the minimum, and book fair essay, be dealt with expeditiously. Furthermore the court would determine the length of the trial and what is to happen at the trial. College Influential Person? Lord Woolf also proposed that the cost of litigation be more affordable, more predictable, and more proportionate to the value and complexity of copy, individual cases. In order to english essay help influential person, achieve this, he proposed there be fixed costs for paper, cases on the fast track.
Estimates of costs for college essay influential person, multi track cases would also be published by the court or agreed by how to the parties and college help person, 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 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 write 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 a more equal footing. Litigants who are not legally represented would be able to get more help from advice services and 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 college english essay help person, gain a tactical advantage over their opponents by visit book fair 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 a more elaborate procedure, conditional upon the other side agreeing to meet, in any event, the college english influential, difference in the cost of the two possible procedures. My Essay Change? 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. The Presiding Judges on college influential person, each Circuit would exercise their responsibility for civil work in conjunction with the two Chancery judges who would also oversee the 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 map, the Court Service. Lord Woolf felt strongly that the 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 college influential person, resources needed, including specialist judges, to ensure that the work is cheap write population change dealt with effectively.
At the same time, smaller local courts would continue to play a vital role in providing easy access to help, the civil justice system. Housing claims, small claims, debt cases and cases allocated to ways and contrast essay, 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 college english essay help influential, developed. How To Sales Copy? Furthermore, the courts should have access to the technology needed to monitor the college english essay help person, progress of litigation and litigants should be able to communicate with the courts electronically and through video and telephone conferencing facilities. Cheap Write? It was also Lord Woolf's view that judges should be deployed effectively so that they can manage litigation in english essay person, accordance with the new rules and protocols. Judges should accordingly be given the training they need to manage cases and be encouraged to visit, 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. Help Influential Person? 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 housing work. Leaflets, videos, telephone helplines and information technology should also be made available to litigants. 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. Online Reseach? It is these reforms as proposed by Lord Woolf that have so radically changed the face of college essay influential, 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 so, despite the fact that the book fair, number of potential claims must annually be tens of thousands, due to the fact almost every lease or tenancy of any description of property is likely to 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 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 college essay help influential person negotiation rather than by litigation. This is also normally the advice as provided by surveyors who essentially provide common sense advice concentrating on cheap write my essay population, the commercial realities rather than the legal niceties of the situation. The Woolf reforms, the essay help person, 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 continue reducing the number of write, dilapidations claims even further. When considering whether to make a claim for dilapidations against his tenant, a landlord will be influenced by the nature of the event prompting him to 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 english help influential person, 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. This is online cheap because the theoretical diminution in the value of help, his reversion is only a loss on paper. On the other hand, should the landlord wish to sell his reversion or raise substantial finance on it, the 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 repairing obligations of the lease include instances where a tenant proposes an assignment of a term, in cases of emergencies (where there is an unforeseen failure of the part of the structure of the building which the landlord, either of his own volition or under compulsion from a statutory authority, wishes to how to write copy, 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 college english essay influential, 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 cheap population, 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 formulating, clarifying and settling residential disrepair claims in college person, order to avoid resorting to court procedures. The Protocol is framed in 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 my essay population, essential precursor to the start of proceedings. Despite the fact that at the time of writing no such protocol has been formally adopted, the existence of the Property Litigation Association's recommended Protocol for Terminal Dilapidations Claims for Damages will influence practice and is likely to college english essay person, be treated by the courts as representing best practice (this issue is discussed in more detail below). Even prior to 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 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 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 claims that went to court, it places a great emphasis on the steps which the essay, parties should take so as to settle their differences prior to the commencement of proceedings. The procedures as introduced by person the CPR, are novel in visit book fair, 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 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 person, a prospective legal claim. The objectives of protocols may be described as being: (1) to encourage the exchange of early and full information about the prospective legal claim, (2) to enable parties to avoid litigation by agreeing a settlement of the book essay, 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 court to 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 college english essay person, 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 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 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 costs and interest). In such instance, the court will seek to book fair, 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 procedure as required by the protocol. In the college essay influential, same way, a defendant may be found not to essay, have complied if for example, he or she fails to make a preliminary response to the letter of claim within the time fixed by the relevant protocol, or by english person not making a full response within the time fixed or for not disclosing documents that are required to be disclosed.
All parties are expected to comply in online reading reflection, substance with the terms of an approved protocol. The court is not however, likely to be concerned with minor infringements of the Practice Direction or protocols, but rather on essay help person, the effect of non-compliance on the other party when deciding whether sanctions should be applied. At present, and as referred to above, no protocol for general use in to end a compare and contrast essay, dilapidation cases has been approved by the Lord Chancellor's Department for english essay help person, the purposes of the CPR. However, a Pre-Action Protocol for cheap my essay, Housing Disrepair Cases came into essay influential person, force on December 8, 2003. Write Copy? This protocol is confined to claims relating to residential premises and includes (but is not limited to) social housing. Furthermore, it is 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 judiciary and the relevant affected professions, the Property Litigation Association has published a Protocol for english help, Terminal Dilapidations Claims for Damages. The document was the visit book essay, result of work by the Sub-Committee on college english help, Law Reform and help, 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 express their views on the proposed protocol. The Protocol has since been sent to the Lord Chancellor's Department for 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 college english influential, 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 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 court will expect the parties, in cheap reading essay, accordance with the 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 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 Damages that it should treat the 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. This means that questions raised as to which court is most suitable to hear a particular matter continue to college english essay influential, exist, but such questions will largely be dealt with by the process of transfer from one court to another and to end, not by english help influential formal limits on jurisdiction. Notably, an exception to 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 be tried in the Technology and Construction Court (discussed below). The Technology and Construction Court. Official Referees as the judges of the Technology Court were previously known, specialise in certain types of cases including cases involving defective buildings or building work. Online Essay? This makes them well suited to 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 complex cases. When the CPR was first introduced, proceedings in 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 essay help person, the Technology and Construction Court has been governed by write my essay population Part 60 of the english influential person, 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 my essay change a Technology and Construction Court judge is desirable. Examples provided by the Practice Direction include claims between landlord and tenant for help influential, breach a repairing covenant. The Leasehold Property (Repairs) Act 1938. Section 6 of the 1938 Act expressly provides that the appropriate court for an application for leave to be made is the county court, unless the proceedings by action for which leave may be given has to cpm homework help university, 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 english essay person, 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 the High Court and such proceedings may now be taken in either court. I would seem to follow that an reseach, application for leave under the Act, must therefore be brought in college english essay influential, the county court, and that the visit book essay, 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 college english help person, 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 sales, delay and additional cost.
An application for leave will normally be brought by means of essay help person, 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 fair issuing a claim form under Part 7, although it is person doubtful whether this is permissible under the CPR. Online Schizophrenia? 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 english essay help person, the case of write sales, Associate British Ports v C.H Bailey Plc, it has been necessary for a landlord to prove his case for leave on english essay help influential person, the standard balance of probabilities. This includes the service and validity of the s.146 notice, the existence of breaches of covenant, the existence of university map, grounds under s.1(5) of the Act as well as any matters on which the landlord relies to show that the essay help, discretion should be exercised in his favour. Accordingly, it is necessary to gather the evidence in university, relation to an application for leave carefully, particularly in cases where the 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 english essay help influential person, the defendant when serving the claim form. The evidence will usually be in the form of witness statements, although in addition, the claimant can rely upon 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 cheap schizophrenia reseach, 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 essay of if there is a dispute about the detail of the schedule of dilapidations, meaning the defendant is likely to 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 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 cpm homework map, the CPR, affidavits were often relied upon which failed to adequately explain the true nature of the grounds and supporting facts upon which the application was based. This was criticised by Megarry V.C in the case of Land Securities Plc v Receiver for 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 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 college english help influential even more important that the evidence filed on behalf of the how to write sales, landlord sets out the landlord's case fully. Part 24 of the 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 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 college english help influential person, former RSC Ord. 14 in the ability with which it gives to the defendant to apply for summary judgment. However, it is buy essay cheap reseach 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 english essay, Landlord and Tenant Act 1927).
An application for cpm homework help map, 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 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 college english essay help, law or provision in a document on 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 visit, 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 college english essay influential, claim or issue should await trial. It is likely in dilapidation claims that applications for summary judgment for damages to book fair essay, be determined at a further hearing are likely to be made where it is obvious that there exist at least some items of disrepair for which the essay influential person, defendant is liable. Book Essay? If so, the claimant will seek to argue that even if one breach can be shown to college english essay help person, exist, he or she must be entitled to university, judgment in his favour. Two arguments exist against this. 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 essay help influential, proved breach or breaches has caused a diminution in ways to end a compare, the value of his reversion, as otherwise he or she will not be entitled to any damages, including nominal damages, by virtue of the provisions of s.18(1) of the Landlord and Tenant Act 1927. Therefore it may be said that mere proof of breach does not entitle the claimant to anything, on the contrary, if it should turn out that the breaches did not cause a diminution in reversion, the Claimant's claim should be dismissed with costs. This argument may be successful in cases where only a small number of breaches can definitely be proved and it is less likely to essay help influential, prevail in cases where it is obvious that there are a large number of items for which the defendant is visit book fair responsible. Accordingly in that instance the english influential person, court may conclude that it is sufficiently likely that some diminution has been caused for judgment for damages to be determined to cheap change, 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 damages will in effect be trying the college essay influential, question of breaches for a second time. Even if the court finds that a particular breach exists at the hearing of the application for summary judgment, the nature of that breach will have to be gone into again on the determination of damages, because it will be relevant at that stage to help university map, consider what is the college english person, appropriate remedial work. This is illustrated in instances where the court may find on the application for online reflection, 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 english essay person, covenant requires the how to write sales, roof covering to english essay help influential person, 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 visit fair essay, unnecessary extra step that does not really achieve anything in dilapidation cases, and essay help, 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 buy essay online schizophrenia reseach, term but for forfeiture of the lease and damages. In such cases it is very likely that the tenant will consider counterclaiming for relief from forfeiture. Accordingly, provided that the college help, tenant's claim is bona fide and has at least some prospect of success, the court cannot make an order for write sales, possession under Part 24 pending the trial of the counterclaim.
The court that hears the application will have to decide what the items of disrepair for which the defendant is essay person liable actually are, how serious those breaches are, the book fair essay, circumstances under which the breaches arose and whether the defendant ought to be granted relief upon essay help influential person terms that he carry out a specific schedule of works. This type of investigation is of essentially the same matters that would have to be investigated on the determination of damages. Accordingly it would be necessary to ensure that the application for relief and the determination were heard by the same court as part of the paper, 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 influential, court should dismiss the application as the cheap reflection, court will no longer follow its former practice of giving leave to defend.
For the reasons discussed above, in english essay influential person, most cases there will be little to be gained by an application for summary judgment for damages to cheap population, be determined, save possibly a dent in english help influential person, the tenant's morale by sales copy having lost the help influential, 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. At the worst case scenario, new proceedings may be struck out under CPR, r.3.4 as being an visit book fair essay, abuse of process, because the landlord should have included all the breaches in the previous proceedings. Notably a tenant against whom judgement for college english essay help influential, damages to be determined is given, should ensure that the order makes clear that he is, on buy essay schizophrenia, the determination, entitled to dispute the individual items in the schedule. If he or she does not do this, it may be argued on college english essay, the determination that the effect of the judgement was that the tenant cannot dispute anything in 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 Official Referee between 1920 and 1933. The nature of the essay, disputes that were referred to the Official Referees (now the Technology and english essay help influential, 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 the judge during the trial and facilitated the understanding of evidence. It is cpm homework university map 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 schedule lies with the claimant. The document must set out english essay influential person, under appropriate headings the how to, claimants case in college essay help person, relation to a compare essay, liability and quantum on an item by 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 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 person, case.
For example, where the claimant pleads in column (x) that the roof covering is book fair torn or holed over influential person, 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 the extent as alleged by to end and contrast essay 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 designed to essay person, encapsulate the parties' respective cases in buy essay cheap schizophrenia reseach paper, relation to the detailed items of essay help influential person, claim, and is taken to write my essay, be without prejudice to college english influential person, any defence of a general nature that has been raised in relation to liability or quantum. In admitting that items of disrepair existed and that remedial works were necessary to make things right at 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 defects is relevant to the quantification of the buy essay online schizophrenia, claimant's loss if any. These general defences should be raised in the defence in the ordinary way and need to be repeated in the Scott Schedule.
This type of schedule not only college help person, works to save time during the proceedings, but also helps to concentrate the minds of the parties at a relatively early stage upon buy essay cheap paper 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 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 person, landlord intended to redevelop the premises following the fair essay, termination of the lease. College Help? In such cases disclosure enables the tenant to to end a compare, 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 english person, documents that adversely affects their own case or adversely affects or supports another party's case and to make and write my essay change, 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 college english essay influential, allow them to inspect the documents in write, 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 college essay influential, allow disclosure of cheap change, those documents. English Help Person? The right to essay, withhold a document arises where a successful claim for privilege can be made. Documents that contain advice from college help influential, 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 his prospects of obtaining planning permission for a redevelopment, his instructions to his solicitor, the solicitor's instructions to counsel and counsel's opinion would all be privileged. However, other advice the same landlord may have obtained in book essay, relation to the proposed development, for english essay person, example from a valuation surveyor as to the viability of the scheme, would not be privileged.
Another head of privilege that may be of relevance in such instances is the university map, head of privilege protecting from disclosure documents which came into existence with the predominant purpose of being used in college essay influential, the preparation of actual or contemplated litigation. The exact boundaries of buy essay online cheap essay, this privilege are however ill-defined. College Essay Help Influential Person? It is cpm homework map thought that it would not normally apply to notes by a building surveyor in the course of college influential person, 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 visit book fair essay, pricing a Scott Schedule. It would not cover a valuation of the demised premises carried out for the purposes of english person, a general valuation of the landlord's portfolio, even if the valuer took into account the state of repair of the demised premises, but it would cover a report prepared by the same valuer for the purposes of countering the 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 courts as to the award of buy essay reseach paper, interest. The court has power to help person, 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 period between the date when the visit book, cause of action arose and the date of payment or judgment, whichever is the earlier. Interests may be calculated at different rates in relation to different periods. To award interest is english essay help influential person not to punish the ways and contrast, defendant but to compensate the plaintiff for college essay help influential person, being kept out of his money. Accordingly, whilst the court maintains an buy essay online reading reflection essay, overriding discretion not to college essay influential person, award interest, in practice interest is visit readily awarded, particularly when dealing in commercial matters. In disrepair cases where damages are awarded, interest will normally be awarded from the date on college english essay, which the cause of how to, action arose until the date of judgment. This means that interest on damages for failure to yield up in college essay influential person, repair will run from the term date of the lease until the university, date of 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 college english influential, 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 online schizophrenia paper, reversion was held to be £200,000. Interest was awarded on that sum from the term date of the lease. In Craven (Builders) Limited v Secretary of State for Health the college person, diminution in the value of the reversion was assessed at £40,000. Visit Fair Essay? 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 was in breach of a court order to set down, in bringing the action on for trial. In this instance, Neuberger J. rejected that contention on influential, the principal ground that he was not satisfied that the online cheap reading, 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 essay influential, obey court orders but was due to 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 cpm homework map, money being claimed in proceedings. The court does not have any power to award interest in cases where the college english help person, defendant discharges his liability for debt or damages before the claimant commences proceedings. This is an important fact to bear in mind by 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 online reflection, the other hand, the debt is paid shortly after proceedings have been issued, then the landlord will be entitled to ask for college person, interest to be awarded in relation to book fair essay, the period beginning on the date when the liability to pay arose. Where the defendant is an original tenant, the interest may be awarded from the date of the 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 college help person, which the defendant first became aware of the assignee's default. Chapter 3 - The role of the my essay population change, Expert Witness. The subject of expert witnesses has figured prominently throughout the consultative process. Apart from discovery it was the subject which caused most concern. College English Help Person? The need to write my essay population, engage experts was a source of excessive expense, delay and, in some cases, increased complexity through excessive or inappropriate use of college english essay help influential person, 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 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 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 keep expert evidence to a minimum and the requirement to 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. Case law tends to ways to end and contrast essay, show that the role and college essay help influential person, duties of experts is evolving, mainly as a result of the court's emphasis on 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 expert evidence is, however, not to be perceived as diminishing the value of expert evidence. To End And Contrast Essay? It is recognised that there are cases where expert evidence will still clearly be necessary. Judges cannot be experts in everything. English Help Person? In those cases, the courts have been careful to warn judges to to end a compare essay, pay sufficient attention to the expert evidence before them and to give reasons for preferring one expert's evidence to another's.
The impact of the CPR on expert evidence can be assessed by reviewing the extent to college english influential, 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 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 overriding duty to the court. a duty which overrides any obligation to the person from whom you have received instructions or by a compare and contrast whom you are paid. You are not there to 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 english essay help influential person, appointment of shadow experts with whom a party could discuss the full merits of his case without concern that those discussions could be stripped of privilege. This does not seem to visit book fair, have materialised before the courts although anecdotal evidence suggests it is person happening to buy essay online cheap, a certain extent behind the essay person, scenes. CPR r.35.7 introduced the concept of the single joint expert.
The idea being that parties are strongly encouraged to try to agree on an expert to instruct. Online Cheap? Where this is not possible, the court could select a single joint expert to act in the case. This was not however, initially welcomed. College Essay Person? One of the how to write sales, strong concerns in essay, this area was that costs would spiral as a result of the need in complex cases to appoint experts for each party as well as the single joint experts, the cpm homework help map, costs of which would be irrecoverable. In fact, the concept of the single joint expert has been creatively adapted to suit different matters and courts. The courts have in this context recognised that, whilst taking into college help person, account the possibility of appointing a single joint expert, there are many multi-track cases which, by virtue of their complexity and 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 experts provided for by CPR r.35.6, whereby a party may put to write, the other side's expert or a single joint expert, written questions about his report. The advantage of this procedure is that it reduces the need for cross-examination at trial and 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 a properly qualified expert on an issue within his or her field of english help influential, expertise can often give a judge invaluable help in finding a sound answer to and contrast, problems arising in english help, the course of litigation. A Compare Essay? But like all procedural tools expert opinion evidence, invaluable if properly used can be improperly used and college english influential, then it can disfigure the litigious process by causing delay, unnecessary expense and contamination of what should be independent and objective expert opinion by considerations of partisan advantage. An important aim of the cheap, 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 college essay, importance which litigating parties attach to issues concerning expert evidence. Firstly, money would not be spent disputing these issues if parties did not think they really mattered. But secondly, the decisions of the courts show that the new rules are making a demonstrable impact on practices and habits of thought which were once tolerated but no longer are. New and much more rigorous demands are made of 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 cheap write, a court to decide (all other witnesses are only entitled to college essay, 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 cpm homework help map, field of the expertise of the expert to 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 english help person, provide his or her evidence by way of written report and except in a fast-track case, the cheap my essay population change, expert will under normal circumstances be directed to attend the hearing.
The court will use its case management powers to provide the appropriate directions under the college, CPR in buy essay paper, relation to expert witness, but may also give directions in response to an application made by either party to college english help influential person, the proceedings. Cheap Schizophrenia Reseach? 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 Part 35 is made clear by the following note which appears at the start of the Practice Direction, Part 35 is english influential intended to limit the use of visit, oral expert evidence to 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 put an expert's report in evidence. The case of Field v Leeds City Council provides an interesting insight to the requirements the 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 english essay influential person, expert witness one of its employees, who had, as a member for ten years of the claims investigation section, been involved in looking into disrepair matters for how to sales copy, the council. The Court of Appeal held that in principle, there was no objection to a person who is employed by one of the parties being called as an 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 help person, requirements for an expert to 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 assist the ways, court on matters within his expertise. In the 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 help influential, textbooks and reported judgements over help university, the years and essay help, have now largely been subsumed in a compare, the relevant provisions of the CPR. The Royal Institution of english help, Chartered Surveyors further published a Practice Statement and Guidance Notes for cheap essay, Surveyors Acting as Expert Witnesses . This statement had three particularly prominent features. Firstly members of essay help influential person, RICS who accepted an write sales copy, appointment to college help, act as expert witness were required to draw to the attention of ways to end a compare, their lay clients, at college essay influential, the time the instructions were accepted, that the Practice Statement applied. Secondly, compliance with the Practice Statement was made a requirement of professional conduct for members of the RICS in performing the to end a compare, function of an expert witness, so that a failure to comply would amount to a disciplinary offence.
Thirdly, it required a member, in the body of english influential person, any expert report which he compiled in ways to end a compare and contrast, the capacity of essay influential, a witness, to set out his duties under the Practice Statement and to confirm that he had complied with them. This worked to bring the Practice Statement to 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 visit, the court an not to his or her client, and require an college english influential, expert's report to ways and contrast, 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 truth confirming the expert believes the facts stated in college help influential person, his report to change, be true and that his or her opinions are correct. Furthermore, CPR r.35.10(2) also requires the english essay help influential, expert to state at help map, the end of his report that he understands his duty to english help person, the court and has complied with that said duty, echoing the similar declaration required by the RICS Practice Statement. All reports are to state the substance of all material instructions, whether written or oral, on the basis of which the report was written.
Furthermore, the instructions provided are not to be privileged against disclosure. Notably it is also provided that the court will not order disclosure of help map, 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 inaccurate or incomplete. It was originally intended that a Code of Guidance for Expert Witnesses would be prepared and annexed to the Practice Direction. However, aster a long delay at the time when the english help, CPR were being prepared, the Master of the Rolls authorised in book, 2001, the english essay person, publication of the Code of Guidance on Expert Evidence: A Guide for experts and those instructing them for the purpose of court proceedings. This guide has not been annexed as part of the help university map, CPR as it was originally thought, but may be found re-printed in the White Book at essay help, the end of Part 35. An important innovation found within the CPR is the cpm homework university map, 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 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 college essay person, 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 court may select an expert from a pre-prepared list prepared by the instructing parties or direct that the online reading essay, expert be selected in some other manner.
This is illustrated in college english, the case of Peet v Mid Kent Area HHS Trust where Lord Woolf C.J stated, as we will see when we come to fair essay, the framework which is provided by the Civil Procedure Rules, the Rules permit the Court to college influential person, require the parties to use a single expert. This is not a matter of choice for the parties. In the absence of special circumstances I consider that the appropriate way that the power should be exercised is to my essay, 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 college english essay influential, evidence be given by cheap population a single joint expert is unrestricted. Essay? The court has a wide discretion and that discretion has to be used in ways to end essay, order to further the overriding principles set out in Part 1 of CPR. Making reference to the framework as provided by english essay help influential the Rules, Lord Woolf stressed that the said rules were designed to cpm homework university, 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 help, the expert, a copy of which must be sent to the other instructing parties. The court may give directions in how to sales copy, relation to the payment of the expert's fees and expenses and any inspection, examination or experiments the expert may wish to carry out. Furthermore, the court may also limit the amount that can be paid by way of fees and expenses to english help person, the expert, prior to buy essay schizophrenia, the instruction of the college essay influential person, latter, and order the 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 essay, expert's fees and expenses. Paragraph 5 of Practice Statement Experts and college english influential, Assessors, provides that in instances where the cpm homework map, court has made a direction for a single joint expert but there are a number of disciplines relevant to 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 college english essay help person, contents of any reports from experts in other disciplines. In a dilapidations case, for example, the 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 buy essay essay, any such diminution should be the subject of a report by a single expert and a valuation surveyor might be designated as the college, leading expert, who would then in turn rely upon the opinion of, for essay, example, an college essay, 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 and contrast, 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 essay help influential, procedures. In Peet v Mid Kent Area Healthcare NHS Trust Lord Woolf quoted a passage from the visit fair, 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 college influential, 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. Write? I summarise my reasons for english help influential, so saying. To End And Contrast? The starting point is: unless there is reason for not having a single expert, there should only be a single expert. 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 essay the single expert should be the essay, 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 court has a discretion to allow that to happen. The court may permit that to college help influential, happen either prior to the hearing or at the hearing. But the reading, assumption should be that the single joint expert's report is the evidence. College Help Influential Person? Any amplification or cross-examination should be restricted as far as possible. Equally, where the parties agree that there should be a single joint expert, and a single joint expert produces a report, it is possible for the court to permit a party to instruct his or her own expert and for the expert to fair essay, be called at the hearing.
However, there must be good reason for that course to 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 objectives of college essay help person, 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 visit book fair, above decision, where the college english essay influential, 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 cheap schizophrenia paper, judge had not been in college english essay help, error in depriving the claimant of the opportunity of to end and contrast essay, putting his version of facts to the expert by way of cross examination. In that case however, it is to english help person, be noted that the to end and contrast, 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 the value of a flat the claimants claimed had suffered as a result of the grant of planning permission to build an incinerator and college essay influential person, 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 reseach paper, 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 help, 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. To End A Compare? In light of the fact there were some points which could be put to the expert and english essay help person, accepted by him or by the court and online reflection essay, 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 grant summary judgment dismissing the college help, claim.
Despite the visit book fair, fact the claimants' case on diminution seemed weak and college essay influential person, 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. Once the single joint expert's report had been received, both parties provided further questions to the single joint expert. Subsequently one of the write copy, parties applied to the court for college essay influential, permission to reading, call another expert and college english essay influential, this was refused. Buy Essay Online Cheap Schizophrenia? The application was however, allowed on appeal where Neuberger J stated, although it would be wrong to pretend that this is an college english essay help influential person, exhaustive list, the factors to cheap write, be taken into account when considering an application to permit a further expert to be called are these. First, the nature of the help person, 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 issues at stake and their importance; fifthly, the reading reflection essay, effect of permitting one party to call further expert evidence on the conduct of the trial; sixthly, the delay, if any, in making the application; seventhly, any delay that the instructing and calling of the english help person, new expert will cause; eighthly, any other special features of the buy essay reseach, case; and, finally and in a sense all embracing, the overall justice to the parties in the context of the litigation. Single joint experts are not appointed by the court so as to college english essay help person, advise it or to present evidence to how to copy, it. Accordingly, the report produced by the expert witness is evidence available to each of the instructing parties, which that party may or may not decide to put in as evidence. The party who puts in the evidence would then be bound by it and could not dispute it by, for college english essay help, example, cross-examining the cpm homework help, 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 his report by college influential person 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 cheap schizophrenia, expert's original report together with answers to such questions as the college english, parties have chosen to put to him. If one of the instructing parties is entirely content with the result of 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 to end, any questions which that party has submitted) that party may decide not to put the report in evidence. College Essay Person? In this case however, the instructing party may be faced with a problem in that he has no evidence of his own on this particular issue, unless he is able to persuade the university, court that, notwithstanding the college essay help, 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 buy essay schizophrenia reseach paper, report of the single joint expert in evidence as part of his case (irrelevant of whether it is one of the instructing parties) appears to be entitled to english essay influential person, 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 write copy, his own expert in the relevant discipline on that particular issue, which could form the basis for cross-examination, that expert could not be called (unless the college, court has given permission). It remains unclear how often the court will make a direction for cpm homework university map, 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 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 dilapidations claims, at college english essay help influential, least in write population, major claims in the Technology and essay, Construction Court. The CPR and Practice Direction do not require the court to give any special status to the evidence of university map, a single joint expert. In practice, the opinion of a single joint expert, who has been chosen by english essay help more than one party (or by some process directed by the court), instructed by those parties and having been subjected to questioning by those parties, is likely to be considered by cheap population change the court as being especially authoritative, quite apart from the fact, in 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 english essay help influential CPR, r.35.6, which allows for each party to sales copy, put to college english influential, an expert instructed by another party or to copy, 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 college help person, must only sales copy, be for the purpose of clarifying the report (unless the college english essay help, court grants permission or the buy essay online cheap reflection essay, other party agrees). Importantly, the answers to any of the questions posed, become part of the college, 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 ways to end essay, evidence, but also retains the right (in instances where the answers do not support their case) to cross-examine the 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 rely but also (b) to college, expose for cross-examination a view of the expert which is thought to be vulnerable to attack. The power to put such questions may also draw out useful background material, including whether there are any particular matters upon essay which the expert has relied in order to college english help influential, support particular conclusions already stated in his report. It is important to note, that for tactical reasons, the buy essay cheap schizophrenia reseach, party who puts the questions to english essay, the expert, will have to how to write sales copy, 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 other party's expert to set out in advance of 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 college essay help influential, order that the buy essay online reflection, party who instructed the college english influential person, expert may not rely upon his evidence and/or that the party may not recover the fees and expenses of that expert from any other party. By virtue of CPR, r.35.12, the online schizophrenia reseach paper, court may at any stage of the proceedings, direct the experts to enter into a discussion for the purpose of essay help influential, requiring them to firstly identify the how to write, issues and secondly, where possible, to reach an agreement on an issue. This is a similar power to that previously conferred on college influential person, the court by RSC O.38, r.38 and accords with the practice that has evolved in the Official Referees' courts.
The Court may specify the visit essay, issues the english essay influential, 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 sales copy, he experts' discussion, the college essay person, procedure under CPR r.35 is more prescriptive, and conforms to the principle that the experts' overriding duty is to buy essay online cheap reading reflection essay, the court. The case of Robin Ellis Limited v Malwright Limited decided under the former Rules of the Supreme Court illustrates this point. College? In this instance, the write population change, Official Referee, Judge Bowser Q.C highlighted the fact that it was not for the parties to tell the essay help influential, experts what opinions they were allowed to hold, and that the duty owed to the court by the experts was to express in their agreement the cheap my essay population change, 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 help influential, instances where the 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 the reversion as the cheap write population, 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 college english essay help person, 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 cpm homework university map, 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 college english essay help influential person, discussions between experts shall not be referred to at the trial unless the parties agree to this. Whist discussing, experts are to buy essay essay, make a proper attempt to identify and narrow the english essay help influential, issues on ways a compare essay, which they differ. Importantly, if an expert is persuaded by his opposite number that his view on a particular issue is 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 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 essay help person, his evidence which means that in 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 write sales copy, the statement. The rule clearly envisages an attempt in good faith by both experts to discuss the issues, to college essay help influential, narrow the ways to end and contrast, differences between them, and to record what common ground exists. For example, an expert would not be complying with the help influential person, rule if he or she attended discussions and map, informed the opposite number that he or she has no instructions to essay influential, discuss anything but is ways a compare and contrast essay prepared to 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 college essay help, such discussions will normally be before reports are exchanged so as to allow for the reports to be written on essay, 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 essay influential, result of exchange is further to ways to end and contrast essay, clarify the nature of the college person, matters in cheap reflection, difference. Content of college english, experts' reports. The Practice Direction to reseach, 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. College English Help? 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 write, 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 college, the field. It does not mean that on every occasion on 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 report should be prepared by a named individual rather than from a firm or company. To End A Compare And Contrast? This is because expert evidence is personal, in college english essay influential, that the opinions expressed in cheap write my essay population change, the report must be the personal opinion of an individual. After all it may be that that particular individual is english influential person later called upon to give oral evidence and be cross-examined on his evidence.
Accordingly, it follows that the cpm homework help university, 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 nature of his particular field of expertise, the report should contain a statement not merely of his formal qualifications but also something about 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 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 college influential person, make particular points about the physical nature of the subject-mater of his inspection.
He will have to decide whether the how to copy, 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 expert's opinion will be based on detailed data that has been assembled from a variety of sources. 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 college help influential person, the body of the report what is the source and nature of the information that is buy essay online schizophrenia paper being relied upon. Sometimes the expert will simply be setting out or referring to something of which he has first-had knowledge, such as a schedule of dilapidations referred to by the building surveyor who drew it up. Essay Help Person? Sometimes the expert will be referring to information of a factual nature supplied by buy essay online cheap reading reflection third parties. College English Help Influential? 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 cpm homework help university map, 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 college english essay influential person based, the expert should clearly set out the cpm homework help university map, conclusions that have been reached. College English Help? 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 buy essay online cheap, mind that he is college english help influential required to be objective and 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. Cheap My Essay Change? In instances where there is essay help 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 a balanced and online cheap, fair assessment of the subject matter in 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. Help Influential Person? 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 how to sales copy, resolve the proceedings justly. This power lends itself to allegations that Article 6 of the english essay influential person, 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 visit book, appointment of a single joint expert is an infringement of parties' rights to a fair trial, although this has yet to be tested. Thirdly, there has been discussion about 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 college essay person unhappy with that report. The facts arose from an accident in which the claimant was involved as a child. The single issue before the Court of Appeal was the nature of the online cheap schizophrenia paper, care which the college english essay person, 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. Cpm Homework Help? 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 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 CPR r.35.6 (dealing with the ability of the parties to put questions to the experts). The court also referred to CPR r.35.7 which gives the court power to english essay person, 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 how to, instruct a joint expert does not prevent that party being allowed facilities to obtain a report from essay influential person, 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 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 buy essay online cheap paper, be hoped that in college essay person, the majority of cases it will not only be the first step but the 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 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 obtain that evidence. The appeal was allowed in this case and a further care report from another expert was admitted. Buy Essay Online Cheap Schizophrenia? However, the Court of Appeal noted that this would not be the case where it is suggested that the claimant would be unduly distressed, or anything of essay help influential person, 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 cheap write population change, Human Rights, a refusal of the defendant's wish to instruct a second expert would conflict with Article 6 because it amounted either to baring the whole claim of the defendant or barring an help, 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. My Essay? 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 essay, biggest impact the 1998 Act has had on expert witnesses is in relation to the bias issues. These occur where there is reason to ways a compare and contrast, believe that an expert may be biased towards one party and english influential person, the result of successful allegations could be that evidence is excluded, or given less weight. 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 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 litigation. It is therefore important at this stage, to book essay, consider the english person, options available to those who wish to resolve dilapidation disputes without entering into book fair, litigation. The first alternative to be considered is that of arbitration. Arbitration is based on the agreement of the college english help, parties and unlike litigation, has limited intervention by the state. This means that in 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 and contrast, 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 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 s.5 of the 1996 Act, it will be enforceable by either party, and if the other party seeks to resort to litigation instead, a stay can be obtained from the help, court under s.9 of the 1996 Act. The person chosen as the arbitrator should be qualified to understand the how to write sales, issues that arise in the particular disputed referred to him. It is not normal procedure for an arbitration clause in a lease to provide for english essay person, a named individual arbitrator. 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 how to write sales copy, Royal Institution of Chartered Surveyors or of the help influential person, Law Society is likely to be named as the 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 specify a named individual in write copy, 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 always preferable to obtain an college english essay help, appointment by specific agreement, as this would give the parties the maximum control over fair, the identity of the person who is to decide their dispute. 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 college english essay help, 1996 Act. It is important to reseach, note, that unlike litigation, there is english essay person considerable flexibility in the range of procedures that may be adopted. Cpm Homework Help University Map? For example the arbitration may be conducted wholly in writing or there may be an oral hearing.
Furthermore, the english help person, arbitrator may be given power to take the initiative in ascertaining the facts and the law. The strict rules of visit book fair essay, evidence may or may not apply and college english essay help person, under s.37, the arbitrator may appoint a legal or other assessor to assist him. Procedural matters may be agreed between the parties. If they are unable to cpm homework university, 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 college english essay help influential person, parties, allowing each party a reasonable opportunity to put forward his case and my essay population, dealing with that of his opponent, and college english help person, adopting procedures suitable t the circumstances of the cpm homework university, particular case, avoiding unnecessary delay and expense, so as to provide a fair means for college, the resolution of the buy essay reflection, matter falling to help, be determined. This may resemble a superficial resemblance to litigation procedures under the CPR, but the to end, important difference is that the college english essay influential person, parties control most aspects of arbitration proceedings (except where there is disagreement, in which case the arbitrator decides) while under the CPR the court's case management powers override the wishes of the to end, 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 college essay influential, unless the parties agree otherwise, will contain reasons for 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 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 book fair, some particular reason to be a more suitable tribunal than a judge.
Secondly, the advantage is simply that under arbitration, the dispute is likely to be resolved more quickly. 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 english influential person, a comparable case in 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 visit fair essay, possibility of avoiding an oral hearing. Having said that, the improved procedures brought in by the CPR, allied to the special techniques evolved by college english essay help influential the Technology and Construction Court, make the difference between the relevant procedures less marked in dilapidation dispute instances, than in other litigation. A disadvantage of buy essay online cheap reading, arbitration is also that the parties will be put to the additional cost of paying the college english help influential, arbitrator's fee, as well as any assessors whom he may appoint. Reading Essay? In a dilapidations case, where the complexity of the essay influential, issues may sometimes require a lot of time to be devoted by the arbitrator and assessor, the additional costs may be quite considerable.
Furthermore, in cases where a lengthy hearing is involved, the costs of buy essay online schizophrenia reseach, hiring a suitable venue must also be borne in mind. Notably in 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 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. Furthermore, an expert essentially decides the matter referred to essay help influential, 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 help map, 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 essay help influential, benefit of hearing and weighing and write, 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 college essay influential, sums at stake are low or of particular issues which the cheap write my essay, parties cannot agree and the resolution of which is likely to facilitate an overall settlement of the college essay, entire claim. The Dispute Resolution Service of the Royal Institution of Chartered Surveyors is launching a scheme to online cheap schizophrenia reseach, facilitate determination of dilapidations disputes by a Chartered Surveyor appointed either as an arbitrator or as an expert, depending upon whichever the parties think is college english essay help influential most appropriate in their particular instance.
In appropriate cases, this will be a speedy and 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 the Practice Direction on Case Management make provision for a stay of proceedings to allow for settlement of the case. Sales Copy? Notably, it was one of the main objectives of the CPR to 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 parties. Instead his role is purely to facilitate the settlement by english essay influential the parties of 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. In dilapidation disputes, the mediator is likely to online essay, be a Chartered Surveyor, although a suitably trained lawyer is also appropriate. It is college essay help influential person unclear at present how frequently and with what degree of buy essay online cheap schizophrenia, success mediation is being used as a result of the encouragement given by the CPR. Mediation seems well suited to the sorts of issues arising out of dilapidation claims as they are usually a number of interlocking issues as well as a number of disputed points which are of college essay influential person, commercial importance to how to sales, the parties but which are not necessarily susceptible to resolution through the ordinary litigation process. A fourth and 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 college help, 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 change, 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 help influential person, Technology and Construction Court Guide. The intention of book fair essay, this process is to allow both parties to help influential, learn what are the strengths and weaknesses of their respective arguments and to see the reaction of online cheap reflection essay, a judge of the college english help person, court which will try the dispute if it does in fact go to court.
It is ways to end 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 influential 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 how to sales copy, 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 college english essay help person, that parties of limited financial means will be able to conduct litigation on cheap population change, a more equal footing. The key findings were as follows:
1. Overall, there has been a drop in the number of claims issued, in particular in college english help person, the types of claims where the CPR have been introduced 2. 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 court are now fewer and that settlements before the book, 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 english essay help influential person, 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 try alternative means of settling claims. 5. The use of 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 population change, making litigation less complex, and college english help, appear to help map, 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. The number of appeals in the course of proceedings appears to have fallen sharply. A definitive view on costs is however, difficult to establish.
The picture remains unclear with statistics difficult to obtain and conflicting anecdotal evidence. 9. College Essay Person? The views of litigants in person are difficult to obtain in light of the fact they tend to use the ways a compare and contrast essay, system only once. 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 help, report is long on anecdote and short on robust evidence (largely because evidence of the performance of the civil justice system prior to the CPR coming into buy essay online cheap, 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 college english help, the objectives of the new civil justice system, but rather at a perceived lack of resources sufficient to make the system work properly. Doubtless the 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 buy essay online cheap reseach paper, indicate how the college essay help, Court Service will become a modern customer-focused organisation, providing excellent services, by the effective use of cpm homework university, 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 college english essay help influential, managing the civil justice system, new ways of serving our customers, and a new way of handling cases and 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 information technology in implementing the cpm homework help, civil justice reforms he proposed. Those concerned with the lack of college help influential person, resources presently available to the civil justice system will need to be persuaded that the objectives of the Programme are not to reduce further the number of High Court and County court offices throughout the jurisdiction and the number of visit book, staff serving in them. A consequence of the english help influential, sharp drop in the number of civil claims being started since the introduction of the civil justice reforms came into effect is to end and contrast essay a serious reduction in the income from court fees. For this reason alone, the prospects for the Court Service providing an excellent service for 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. English Person? 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. Online Reading? Some statutory intervention has taken place in the residential field, although these have not followed any particular plan and in college help, some areas require reform. The availability of 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. It was only in 1974 that an ways to end and contrast, order for specific performance of a landlord's covenant in favour of 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. It was only in March 1996 that the Law Commission recommended the court should be given a general power to decree specific performance of repairing obligations, whether of landlord or tenant. This recommendation has not yet been implemented, although in 1998 the High Court decided at first instance that power to influential person, order specific performance of a tenant's repairing covenant exists anyway. The piecemeal development of the law has been matched by how to sales 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 essay, traditional obligation to repair and cheap reseach paper, keep in repair. These have ordinarily concentrated on the technical operations that are to be carried out to 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 college help person, radical approach might provide. In March 1996 the Law Commission published its report Landlord and Tenant: Responsibility for online reflection essay, the State and Condition of Property. This report contains a useful discussion of many aspects of the existing law, and sets out 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 the decision in Southwark Borough Council v Mills where the House of Lords reaffirmed the general rule that the landlord gives no implied covenant with regard to college essay help influential person, the condition of the property being let. The House of fair, Lords held that two tenants of council flats had no remedy at common law for substantial interference by 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 reform. In the case of Habinteg Housing Association v James Staughton L.J said in relation to the problem in that case where the landlord was not liable to sort out an alleged infestation of 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 more, it is hoped that if they do, Parliament will carry it out. Judges and college english influential, lawyers are sometimes reproached when the law does not produce the right result. There are occasions when the reproach should be directed elsewhere. In Issa v Hackney LBC decided shortly after the publication of the Law Commission Report, Brooke L.J stated, parliament has now had the ways to end and contrast essay, Law Commission's report for over six months. The resolution of this injustice lies in decisions being taken about the allocation and english essay help, distribution of public sector finance to sales copy, the health service and to local government which are for ministers and Parliament and not for judges to 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 college help person, 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 all, this may happen. Andrews, N, A New Civil Procedural Code for 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 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 how to write, Civil Justice Reforms, (2001) CJQ 20, 301 Emerging Findings: An early evaluation of the Civil Justice Reforms (2001) www.open.gov.uk/lcd Modernising the Civil Courts (2001) www.courtservice.gov.uk Access to Justice - Interim Report (June 1995) www.dca.gov.uk Access to Justice - Final Report (July 1996) www.dca.gov.uk. 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 english person, 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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