A Practical Approach to Civil Procedure guides the reader through the procedural requirements employed in the civil courts. The book 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 2024 and the 164th Update. Changes incorporated into the new edition include:
• Replacement rules on case management
• Introduction of a new intermediate track
• Introduction of fixed recoverable costs for the fast and intermediate tracks, with a new chapter on fixed costs
•
Churchill v Merthyr Tydfil County Borough Council on the compulsory use of ADR
• Increasing use of information technology in court processes
• Replacement rules on admissions
• Case law on the inter-relation between applications to set aside default judgments and the Denton guidelines on relief from sanctions
• Replacement rules on summary judgment
• Substantial changes to the rules on parties
• Changes to the rules on amendment
• Rule changes on Qualified One-Way Costs Shifting to over-rule the Supreme Court decision in Adelekun v Ho
• New Supreme Court decisions on trial processes
• Privy Council guidance on the requirements for Norwich Pharmacal orders
Book
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:
• Replacement rules on acknowledging service
• Replacement rules on default judgment
• New track allocation rules for road traffic accident claims
• Case law developments on Qualified One-Way Costs Shifting
• New Supreme Court decision on limitation
• Revised PD 51U on disclosure of documents in the Business and Property Courts
• Case law developments on privilege
• Recent developments on seeking permission to appeal
• Measures to assist vulnerable parties and witnesses
• Developments on search orders and case law on imaging orders
• End of the Siskina rule in relation to interim injunctions and freezing orders
•
Broad Idea v Convoy Collatera and its impact on freezing injunctions
