1-20 of 71 Results

  • Keyword: civil cases x
Clear all

Chapter

This chapter considers the way in which the court ‘actively manages’ cases. All disputed cases are subject to a level of court management and enforcement of its directions orders. The chapter provides an understanding of the time at which active case management commonly occurs. It explains the ethos of case management, allocation (to track), and case management directions through the tracks. It discusses the ways in which the court will seek to ensure that its orders for the management of a case are complied with.

Chapter

This chapter considers the way in which the court ‘actively manages’ cases. All disputed cases are subject to a level of court management and enforcement of its directions orders. The chapter provides an understanding of the time at which active case management commonly occurs. It explains the ethos of case management, allocation (to track), and case management directions through the tracks. It discusses the ways in which the court will seek to ensure that its orders for the management of a case are complied with.

Chapter

This chapter discusses active case management and the use of sanctions. The Woolf reforms and more recently the Jackson reforms have supported the concept of active case management, the focus of which is to ensure that cases are dealt with ‘justly’ and ‘at proportionate cost’. The objectives of case management are set out in Civil Procedure Rules (CPR) Part 1 and the courts case management powers are in CPR Part 3. The powers of the court in relation to case management are wide and directions given after the issue of proceedings should provide a framework and timetable for dealing with a case right up to trial. The final section of the chapter deals with the sanctions that might be imposed where there is a failure to comply with case management requirements.

Chapter

This chapter considers the admissibility of and procedural matters relating to hearsay evidence in civil cases. Hearsay evidence is where a witness gives evidence of facts they have not personally experienced for the purpose of proving the truth of those facts. Hearsay may be written or oral, and may be first-hand, second-hand, etc. Evidence is no longer excluded in civil cases solely on the ground that it is hearsay. However, in practice, trial judges give limited weight to hearsay evidence.

Chapter

This chapter considers the admissibility of and procedural matters relating to hearsay evidence in civil cases. Hearsay evidence is where a witness gives evidence of facts they have not personally experienced for the purpose of proving the truth of those facts. Hearsay may be written or oral, and may be first-hand, second-hand, etc. Evidence is no longer excluded in civil cases solely on the ground that it is hearsay. However, in practice, trial judges give limited weight to hearsay evidence.

Chapter

This chapter considers the admissibility of and procedural matters relating to hearsay evidence in civil cases. Hearsay evidence is where a witness gives evidence of facts they have not personally experienced for the purpose of proving the truth of those facts. Hearsay may be written or oral, and may be first-hand, second-hand, etc. Evidence is no longer excluded in civil cases solely on the ground that it is hearsay. However, in practice, trial judges give limited weight to hearsay evidence.

Chapter

The fast track provides a ‘no-frills’ procedure for medium-sized cases that do not justify the detailed and meticulous preparation appropriate for complex and important cases. Instead, cases allocated to this track will be progressed to trial within a short timescale after the filing of a defence. The fast track covers the majority of defended claims within the £10,000 to £25,000 monetary band. It also deals with non-monetary claims such as injunctions, declarations, and claims for specific performance which are unsuitable for the small claims track and do not require the more complex treatment of the multi-track. This chapter covers directions for cases allocated to the fast track; standard fast track timetable; agreed directions; varying the directions timetable; listing for trial; fast track trial; and costs in fast track cases.

Chapter

This chapter focuses on the role of experts in civil actions. It considers when expert support is needed—whether as part of the evidence submitted in the action or as part of the advice sought to prepare the client’s case or perhaps for both situations. It discusses the role that the expert will take in both of the situations identified; when permission of the court is needed to engage and submit expert evidence in the action; the need to provide a cost estimate of using an expert and the costs consequences for the client in engaging expert evidence; the management and suitable direction of steps taken in advising clients and proceeding with an action to meet the court’s overall discretion to control the evidence; and the important matters to consider in engaging an expert and in managing several experts in a case.

Chapter

This chapter focuses on the role of experts in civil actions. It considers when expert support is needed—whether as part of the evidence submitted in the action or as part of the advice sought to prepare the client’s case or perhaps for both situations. It discusses the role that the expert will take in both of the situations identified; when permission of the court is needed to engage and submit expert evidence in the action; the need to provide a cost estimate of using an expert and the costs consequences for the client in engaging expert evidence; the management and suitable direction of steps taken in advising clients and proceeding with an action to meet the court’s overall discretion to control the evidence; and the important matters to consider in engaging an expert and in managing several experts in a case.

Chapter

The fast track provides a ‘no-frills’ procedure for medium-sized cases that do not justify the detailed and meticulous preparation appropriate for complex and important cases. Instead, cases allocated to this track will be progressed to trial within a short timescale after the filing of a defence. The fast track covers the majority of defended claims within the £10,000–£25,000 monetary band. It also deals with non-monetary claims such as injunctions, declarations, and claims for specific performance which are unsuitable for the small claims track and do not require the more complex treatment of the multi-track. This chapter covers directions for cases allocated to the fast track; standard fast track timetable; agreed directions; varying the directions timetable; listing for trial; fast track trial; and costs in fast track cases.

Chapter

The fast track provides a ‘no-frills’ procedure for medium-sized cases that do not justify the detailed and meticulous preparation appropriate for complex and important cases. Instead, cases allocated to this track will be progressed to trial within a short timescale after the filing of a defence. The fast track covers the majority of defended claims within the £10,000–£25,000 monetary band. It also deals with non-monetary claims such as injunctions, declarations, and claims for specific performance which are unsuitable for the small claims track and do not require the more complex treatment of the multi-track. This chapter covers directions for cases allocated to the fast track; standard fast track timetable; agreed directions; varying the directions timetable; listing for trial; fast track trial; and costs in fast track cases.

Chapter

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following: the competence of witnesses in civil and criminal cases; the compellability of witnesses, and of the accused and the spouse or civil partner in criminal cases in particular; sworn and unsworn evidence; privileges enjoyed by certain categories of witness, focussing upon the privilege against self-incrimination, and legal professional privilege (in the form of both legal advice privilege and litigation privilege); and public interest immunity.

Chapter

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following: the competence of witnesses in civil and criminal cases; the compellability of witnesses, and of the accused and the spouse or civil partner in criminal cases in particular; sworn and unsworn evidence; privileges enjoyed by certain categories of witness, focusing upon the privilege against self-incrimination, and legal professional privilege (in the form of both legal advice privilege and litigation privilege); and public interest immunity.

Chapter

The multi-track deals with a vast range of cases, from simple contractual disputes involving little more than £25,000, to complex commercial cases involving difficult issues of fact and law with values of several million pounds, to cases where perhaps no money is at stake but which raise points of real public importance. Cases on the multi-track will generally be dealt with either in the Royal Courts of Justice or other civil trial centre. This chapter discusses agreed directions; case management conferences; fixing the date for trial; pre-trial checklists; listing hearings; pre-trial review; directions given at other hearings; and variation of case management timetable.

Chapter

The multi-track deals with a vast range of cases, from simple contractual disputes involving little more than £25,000, to complex commercial cases involving difficult issues of fact and law with values of several million pounds, to cases where perhaps no money is at stake but which raise points of real public importance. Cases on the multi-track will generally be dealt with either in the Royal Courts of Justice or other civil trial centre. This chapter discusses agreed directions; case management conferences; fixing the date for trial; pre-trial checklists; listing hearings; pre-trial review; directions given at other hearings; and variation of case management timetable.

Chapter

The multi-track deals with a vast range of cases, from simple contractual disputes involving little more than £25,000, to complex commercial cases involving difficult issues of fact and law with values of several million pounds, to cases where perhaps no money is at stake but which raise points of real public importance. Cases on the multi-track will generally be dealt with either in the Royal Courts of Justice or other civil trial centre. This chapter discusses agreed directions; case management conferences; fixing the date for trial; pre-trial checklists; listing hearings; pre-trial review; directions given at other hearings; and variation of case management timetable.

Chapter

This chapter considers the definition of ‘disclosure’, its purpose, its extent, and the process whereby it is implemented. It also looks at other types of disclosure and the times at which such disclosure may take place—some of which may be before litigation has been commenced. The formal provisions for disclosure are contained in the Civil Procedure Rules 31 and the accompanying Practice Direction. The formal disclosure rules apply to cases in the fast track and the multi-track. They do not automatically apply to the small claims track. Disclosure has been much in the legal press recently, and the new draft disclosure rules are discussed.

Chapter

This chapter considers the definition of ‘disclosure’, its purpose, its extent, and the process whereby it is implemented. It also looks at other types of disclosure and the times at which such disclosure may take place—some of which may be before litigation has been commenced. The formal provisions for disclosure are contained in the Civil Procedure Rules 31 and the accompanying Practice Direction. The formal disclosure rules apply to cases in the fast track and the multi-track. They do not automatically apply to the small claims track. Disclosure has been much in the legal press recently, and the new draft disclosure rules are discussed.

Chapter

Although a large percentage of civil cases are settled well in advance of trial, it remains important for legal representatives look to the possibility of running a case to trial. This chapter focuses on fast-track and multi-track cases that proceed to trial. It covers professional conduct issues; procedural and administrative preparation for trial; the day of the trial; judgment and appeals. It also discusses settlement without trial.

Chapter

Although a large percentage of civil cases are settled well in advance of trial, it remains important for legal representatives look to the possibility of running a case to trial. This chapter focuses on fast-track and multi-track cases that proceed to trial. It covers professional conduct issues; procedural and administrative preparation for trial; the day of the trial; judgment and appeals. It also discusses settlement without trial.