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Chapter

Cover Evidence Concentrate

9. Opinion evidence  

This chapter, which focuses on opinion evidence in criminal and civil cases in the UK, explains the rule on the admissibility of opinion evidence, largely expert opinion. The notice and disclosure rules in criminal cases under the Criminal Procedure Rules (CPR) are outlined. The criteria for the admissibility of expert evidence, the responsibilities of expert witnesses, and the approach of the courts to new areas of expertise are examined in detail. It also considers the presentation of expert evidence, including the use of court-appointed experts, in civil cases under the CPR, and, finally, examines the ultimate issue rule, which has been abolished by s33(1) of the Civil Evidence Act (CEA) 1972.

Chapter

Cover English Legal System

15. The civil process  

This chapter is a general introduction to civil litigation and the civil courts. It describes the process by which a civil claim is dealt with in the County Court or the High Court. It provides an overview of the major case management powers in the civil courts and discusses how these powers must be exercised to further the overriding objective of the Civil Procedure Rules 1998 (as amended) to deal with matters justly and at proportionate cost. A brief history of the development of the civil court rules is included. Some of the basic principles of civil evidence are discussed and the methods of enforcement of civil judgments are set out.

Chapter

Cover A Practical Approach to Civil Procedure

15. Track Allocation and Case Management  

Judicial case management of civil litigation is one of the central planks of the Civil Procedure Rules 1998 (CPR). In exercising their powers to manage cases, the courts will be seeking to secure the overriding objective of the CPR of ensuring that cases are dealt with justly and at proportionate cost. This chapter discusses procedural judges; docketing; provisional track allocation; filing directions questionnaires; track allocation rules; notice of allocation; allocation directions; ADR and stays to allow for settlement; transfer to appropriate court; trial in the Royal Courts of Justice; changing tracks; and subsequent case management.