1-7 of 7 Results  for:

  • Keyword: statements x
  • Legal Practice Course x
Clear all

Chapter

Cover A Practical Approach to Effective Litigation

20. Witness Statements  

This chapter deals with witness statements. The importance of witness evidence is a historic premise of civil litigation and it remains the case, save only that evidence in chief is now provided through a witness statement unless the court orders otherwise. The fact that the majority of cases settle well before trial provides some complexity as regards how the evidence of a potential witness is handled. The first stage will be to take informal statements. The second stage, where appropriate, is that what a potential witness says may be put into the form of a formal witness statement. The chapter discusses formal requirements for witness statements; drafting a witness statement; drafting an affidavit; exchange of witness statements; and reviewing witness statements.

Chapter

Cover A Practical Approach to Effective Litigation

12. Drafting Statements of Case  

A statement of case is a summary of allegations of fact which sets out all the elements required by law to show a cause of action, and entitlement to all remedies claimed. Clear, concise, and complete statements of case are central to effective litigation. A good statement of case encapsulates what the case is about, demonstrating good factual analysis, based on a proper understanding of the relevant law. This chapter deals with the rules and skill related to statements of case, and how statements of case can be refined. The discussions cover the process for drafting a statement of case; rules for drafting; principles for focusing on issues; headings for statements of case; framework for particulars of a claim; specifying remedies and relief; refining a statement of case; and challenging a statement of case.

Chapter

Cover A Practical Approach to Civil Procedure

18. Requests for Further Information  

A party may sometimes take the view that the statement of case provided by the other side is not as clear as it should be, or fails to set out the other side’s case with the precision that would be expected. In such cases a request may be made for further information about the facts on which the other side’s case is based. This chapter discusses the rules on requests for further information; the response; objecting to requests; orders for responses; requests in freezing injunctions; and collateral use.

Chapter

Cover A Practical Approach to Civil Procedure

22. Amendment  

Changes in the parties’ knowledge of a case as it progresses and straightforward drafting errors make it necessary on occasion to make amendments to the statements of case. This chapter discusses amendment by consent; amendment without permission; principles governing permission to amend; amendment after the expiry of the limitation period; and procedure on amending.

Chapter

Cover A Practical Approach to Civil Procedure

30. Striking Out, Discontinuance, and Stays  

This chapter discusses striking-out orders, discontinuance, and stays in civil proceedings. Rule 3.4(2) of the Civil Procedure Rules 1998 (CPR) allows the court to strike out a statement of case if it appears to the court: that the statement of case discloses no reasonable grounds for bringing or defending the claim; that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; or that there has been a failure to comply with a rule, practice direction, or court order. A party who realizes their case is doomed is often best advised to discontinue to prevent the accumulation of further costs, but often has to pay the costs of the other parties to date. Stays are temporary halts in proceedings, and can be granted for a range of reasons. A stay is normally lifted once the reason no longer applies.

Chapter

Cover A Practical Approach to Civil Procedure

32. Witness Statements, Affidavits, and Depositions  

This chapter discusses the rules relating to the use of written evidence in civil proceedings. Under the Civil Procedure Rules 1998 (CPR), evidence given in civil trials is given primarily from the witness box, but with witness statements exchanged well before trial standing as the evidence-in-chief of the witnesses. The parties are required to exchange their witnesses’ statements in order to save time and costs at trial, and to enable the parties to evaluate the merits of their dispute with a view to settlement. Written evidence in support of interim applications can be given by a variety of different methods, but the principal means is by way of signed witness statements.

Chapter

Cover A Practical Approach to Alternative Dispute Resolution

16. The Mediation Process  

This chapter discusses the mediation process, which is flexible and can be tailored to the needs of the parties. When the mediation begins and ends can often only be ascertained by examining the intention of the parties from the facts and circumstances of the case. A typical mediation will go through four stages: opening, exploratory, bargaining, and settlement. It will take place in a mixture of joint open meetings and private separate meetings of the parties. First, the opening statement by the parties should be addressed to the other side. The mediator will then help the parties to work through deadlock in the bargaining phase. Ultimately, the advocate in mediation should harness the mediator's skills and work with the mediator to further their client's interests.