A Practical Approach to Effective Litigation (8th edn)
Published in Print: 05 March 2015 Published Online:June 2015
ISBN: 9780198715948
Publisher:Oxford University Press
Abstract
A Practical Approach to Effective Litigation analyses the key skills needed to handle a case effectively. At a time of rapid and wide-ranging change in the delivery of legal services, the current edition reworks the text to take into account the implications of the implementation of the Jackson Review, and to see effective litigation clearly in the context of concerns about funding, case management by the court, costs, and the growing use of alternative dispute resolution. The volume has a strong focus on the needs of the legal practitioner, the decisions to be taken at each stage of a case, and the criteria to apply in making those decisions. This is all securely based in references to relevant Civil Procedure Rules and decided cases, with checklists and commentary to assist in the project management of a case. The work also focuses on the skills a lawyer needs to work effectively. This includes skills in dealing with a client, drafting legal documents, and presenting a case in court. Throughout the work the emphasis is on demonstrating how to use law effectively, how to develop a case, and how to present persuasive arguments. Lawyers operate in an increasingly complex environment, faced with challenges in funding a case, in managing a case to avoid sanctions, and in using complex rules to best effect. The work addresses the use of legal knowledge and skills within this rapidly changing context, bearing in mind not least that the pace of change is likely to continue with the developing use of IT, and the widening use of alternative business structures.
Keywords:
legal services, Jackson Review, case management, alternative dispute resolution, persuasive arguments, legal knowledge, legal skillsSubjects:
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Contents
- Front Matter
- 1. The Growing Focus on ‘Effective’ Litigation
- 2. An Overview of the Litigation Process
- 3. Dispute Management, Project Management, and Risk Management
- 4. ADR, Settlement, and Part 36 Offers
- 5. Legal Practitioners and the Developing Professional Context
- 6. Financing Litigation
- 7. Defining Objectives, Advising a Client, and Taking Instructions
- 8. Establishing and Analysing Facts
- 9. Making Best Use of Law to Define Issues
- 10. Legal Letters and Opinions
- 11. Making Strategic Use of the Pre-Action Stage
- 12. Drafting Statements of Case
- 13. Joining the Right Parties
- 14. Pursuing Appropriate Remedies
- 15. Issuing Proceedings, Track Allocation, and Directions
- 16. Defending an Action
- 17. Active Case Management and the Use of Sanctions
- 18. Costs Management and Budgeting
- 19. Evidence and Disclosure
- 20. Witness Statements
- 21. The Potential Roles of Experts
- 22. Procedural Rules as Practical Tools
- 23. Preparing a Case for Trial and Drafting Skeleton Arguments
- 24. Presenting a Case in Court
- 25. Costs Orders and Assessment
- 26. Challenging a Judgment
- 27. Enforcing a Judgment
- End Matter
© Oxford University Press 2015
