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A Practical Approach to Effective Litigation

A Practical Approach to Effective Litigation (8th edn)

Susan Blake
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date: 25 September 2022

22. Procedural Rules as Practical Toolslocked

22. Procedural Rules as Practical Toolslocked

  • Susan BlakeSusan BlakeDirector of Studies and Associate Dean, Inns of Court School of Law

Abstract

For litigation lawyers, interim applications will be much more numerous than full trials. There may be several interim hearings for each case before trial, and many cases will have some interim hearings to deal with specific issues and then proceed to settle without trial. A key strand of effective litigation is to make strategic and cost-effective use of interim applications. It is important to be familiar with what orders can be sought, what is needed to make a successful application, and what tests the courts will apply. This chapter discusses the general procedure for applications; making applications before a case starts; ways of cutting short an action; tactical considerations when involving people as parties and witnesses; gaining access to information held by the opposing side and non-parties; and money strategies.

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