A Practical Approach to Civil Procedure (24th edn)
Published in Print: 29 June 2021 Published Online:July 2021
ISBN: 9780192844521
Publisher:Oxford University Press
Abstract
A Practical Approach to Civil Procedure guides the reader through the procedural requirements employed in the civil courts. The volume provides an overview of the key statutory provisions, rules, practice directions, and case law which govern the various stages of a civil litigation claim. Providing practical guidance, the text charts the progress of a typical civil litigation claim, from funding litigation, the importance of alternative dispute resolution processes, issuing and serving proceedings, case management, and through to trial, enforcement, and appeal. Relevant sample documentation is featured throughout and introduces the forms and documents which will be encountered in practice, while key points summaries featured at the end of chapters highlight the essential points covered. This edition has been revised to incorporate rule changes up to the Civil Procedure (Amendment No 2) Rules 2021 and the 129th Update. Changes incorporated into the new edition include:
Pre-action protocol for small claim road traffic accident cases and the new PD 27B;
procedural aspects of the tariff system for whiplash injuries under the Civil Liability Act 2018;
recent case law on service of claim forms and particulars of claim;
revised rules on costs management;
changes to the rules on statements of truth;
revisions to the chapter on summary judgment, including the cheque rule and the approach taken in summary judgment applications for discretionary remedies;
replacement PD 51U on disclosure of documents in the Business and Property Courts;
case law developments on legal professional privilege and without prejudice privilege;
developments on search orders, and case law on imaging orders;
further guidance on remote hearings;
and debt respite procedures.
Keywords:
Modernised rules on committal applications and sequestration, civil courts, progress of civil claims, Hague Convention 2005, inherent jurisdiction, early neutral evaluation, quia timet injunctions, qualified one-way costs shiftingSubjects:
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Contents
- Front Matter
- 1 Introduction
- 2 Funding Litigation
- 3 The Civil Courts
- 4 Overriding Objective and Human Rights
- 5 Pre-Action Protocols
- 6 Issuing and Serving
- 7 Renewal of Process
- 8 Part 8 Claims and Petitions
- 9 Personal Injury Claims under £25,000
- 10 Alternative Dispute Resolution
- 11 Service Outside the Jurisdiction
- 12 Responding to a Claim
- 13 Default Judgment
- 14 Statements of Case
- 15 Track Allocation and Case Management
- 16 Costs Management
- 17 Costs Capping and Protection
- 18 Requests for Further Information
- 19 Parties and Joinder
- 20 Additional Claims under Part 20
- 21 Limitation
- 22 Amendment
- 23 Interim Applications
- 24 Summary Judgment
- 25 Interim Payments
- 26 Security for Costs
- 27 Small Claims Track
- 28 Fast Track
- 29 Multi-Track
- 30 Striking Out, Discontinuance, and Stays
- 31 Disclosure
- 32 Witness Statements, Affidavits, and Depositions
- 33 Hearsay
- 34 Admissions and Documentary Evidence
- 35 Experts
- 36 Offers to Settle
- 37 Sanctions
- 38 Listing and Pre-Trial Reviews
- 39 Trial
- 40 Remote Hearings
- 41 Judgments and Orders
- 42 Interim Injunctions
- 43 Freezing Injunctions
- 44 Search Orders
- 45 Norwich Pharmacal and Related Disclosure Orders
- 46 Costs
- 47 Qualified One-Way Costs Shifting
- 48 Enforcement
- 49 Judicial Review
- 50 Appeals
- End Matter
© S. Sime 2021
