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) Rules 2022 and the 144th Update. Changes incorporated into the new edition include:
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