Overview
Civil Litigation is a thorough, up to date and practical introduction to the Civil Procedure Rules and the principles and tactics used in pursuing a civil case. The civil process has been divided into five stages, starting with pre-action considerations, moving on to examine the issue and service of proceedings, before considering interim matters, trial and enforcement. The aim of the book is to equip readers with the necessary knowledge to enable them successfully to navigate their way through these stages. The text has a user-friendly structure and includes checklists and specimen documents which build up into a case study forming a useful overview of the civil litigation process. The appendices incorporate helpful flow diagrams and copies of the more common court forms used in civil litigation.
This new edition has been revised to include comprehensive worked examples based on a case study; details of the new Practice Direction on Pre-action Conduct; the costs capping provisions in CPR, rule 44.18; a practical guide to drafting Tomlin orders; and the interpretation of ‘advantageous’ under CPR, rule 36.14.
Recent case law developments have also been added, including Supperstone v Hurst (2008) and Kutsi v North Middlesex University Hospital NHS Trust (2008) (relief from sanctions); Peacock v MGN Ltd (2009) (costs capping); Jirehouse Capital v Beller (2008) (security for costs); Digicel (St Lucia) Limited v Cable & Wireless plc (2008) (disclosure); Carver v BAA plc (2008) and Huntley v Simmonds (2009) (Part 36); Noorani v Calver (No 2/Costs) (2009) (discontinuance); Tombstone Ltd v Raja (2008) (skeleton arguments); Earl of Malmesbury v Strutt & Parker (2008) (ADR and costs); and Burgess v J Breheny Contracts Ltd (2009) (after-the-event insurance and costs).
Contents
Introduction to Civil Litigation
Considerations at the First Interview including Funding the Claim
Early Action
Alternative Dispute Resolution
Commencing Proceedings
Responding to Proceedings and Judgment in Default
Statements of Case
Additional Proceedings and Part 8 Claims
Case Management and Allocation of Cases
Applications to the Court
Disclosure and Inspection of Documents
Evidence
Settlement
Final Preparations for Trial, Trial and Assessment of Costs
Enforcement of Money Judgements
Appendices
Court Forms and Protocols
Documents
Flow Diagrams
Case Study Documents