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Cover A Practical Approach to Effective Litigation

9. Making Best Use of Law to Define Issues  

important is case law for the case? Do you need to show, for example, how a statutory section has been interpreted? • if case law might be helpful, which specific issues might case law

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12. Drafting Statements of Case  

unless the words are directly relevant. • Any document which is an essential element of a case must be referred to specifically, including when it was made, by whom, and if

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Cover A Practical Approach to Effective Litigation

2. An Overview of the Litigation Process  

not further explored. To conduct litigation effectively, not least in a complex case, it is essential to have a clear overview of the process, the stages in the process, what options

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3. Dispute Management, Project Management, and Risk Management  

is essential to define the objectives and the issues, identify relevant law, collect evidence to prove facts, so as to be able to assess the strengths and weaknesses of the case and

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Cover A Practical Approach to Effective Litigation

11. Making Strategic Use of the Pre-Action Stage  

that is the case. It might, for example, be that it is simply not possible to evaluate the case sufficiently to use ADR (although this would need to be shown to be the case). The fact

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Cover A Practical Approach to Effective Litigation

7. Defining Objectives, Advising a Client, and Taking Instructions  

• The information that is essential to take provisional decisions on the type of case, the broad remedies sought, and the general strength of the case. • The further information

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19. Evidence and Disclosure  

when a substantial body of material held electronically may be relevant to a case. It is not essential to make special provision simply because some relevant material is held elect

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Cover A Practical Approach to Effective Litigation

22. Procedural Rules as Practical Tools  

made to court vary with each case, but careful choice of what applications to make at what stage in a case can make a significant difference in how well a case is prepared, and how well

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10. Legal Letters and Opinions  

civil case General framework for an opinion in a civil case 10.48 I I The contents of an opinion The content of an opinion 10.49 Summarizing the facts of the case Summarizing

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4. ADR, Settlement, and Part 36 Offers  

(1983) 127 SJ 69), but this does not mean that it is essential to get all possible information relevant to evaluating a case before advising on settlement where the cost would be

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Cover A Practical Approach to Effective Litigation

20. Witness Statements  

parties to the case will give their personal evidence as witnesses. The importance of witness evidence is an historic premise of civil litigation and it remains the case, save only that

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Cover A Practical Approach to Effective Litigation

21. The Potential Roles of Experts  

in their case; • the court in objectively understanding and assessing the case. 21.07 Examples of where appropriate expert evidence might be needed in a case include:

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16. Defending an Action  

the claimant’s case is poorly conceived or weak. If the claimant seems to have at least an arguable case then pre-action strategy is very important in making the case go away without

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Cover A Practical Approach to Effective Litigation

13. Joining the Right Parties  

outcome of the case. Some multi-party proceedings can reach a high degree of complexity for which the core of claimant and defendant may not be ideal, so that careful case management is

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Cover A Practical Approach to Civil Procedure

14. Statements of Case  

statement of case for the first time will be able to understand the essential factual basis of the claim or defence. 14.10 The main rules in drafting statements of case are that they

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Cover A Practical Approach to Civil Procedure

27. Small Claims Track  

set out in the overriding objective that cases should be dealt with proportionately to the amount at stake and to the importance of the case, the CPR provide for the allocation of claims

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Cover A Practical Approach to Alternative Dispute Resolution

15. Preparation for the Mediation  

following requirements as essential matters: • Heading. It should be headed up with the names and description of the parties (as in a statement of case) and marked ‘Confidential

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Cover A Practical Approach to Alternative Dispute Resolution

12. Preparing for Negotiation  

complex issue of law in the case you need to research it as thoroughly as you might in preparing the case for court. Consider taking copies of key cases or relevant practitioner texts

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16. Costs Management  

intended to provide an effective case management tool for judges when considering the directions that are best suited to the case in hand. When making any case management decision, the court

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Cover A Practical Approach to Civil Procedure

4. Overriding Objective and Human Rights  

that the trial of a case proceeds quickly and efficiently. General case management 4.15 In the general run of cases there will be active judicial case management at the