O'Hare & Browne: Civil Litigation 21st ed

This book explains how the Civil Procedure Rules work in practice. The book covers the entire spectrum of civil litigation providing a step-by-step guide through all stages of a civil action.

• Provides a practical, comprehensive and detailed guide covering all areas of civil litigation in the High Court and County Court
• Guides you through the procedure involved in any civil matter
• Covers all stages of litigation in a logical sequence from pre-action to enforcement and appeals
• Expert authors provide tactical and strategic advice, examples, tips and solutions
• Cross-refers to the Civil Procedure Rules and the White Book

The 21st edition has been fully revised and includes new chapters, sections and fuller coverage on:

• The fixed costs regimes for most cases on the fast track and intermediate track, with examples and explanations of how these new rules affect costs under Part 36 and costs of appeals (costs are now covered in seven chapters)
• Challenges to the jurisdiction of the court following the service of the claim form which was made late or was otherwise irregular (a new section on Part 11)
• Guidance on the Court of Appeal’s restatement of the court’s powers to compel parties to attempt ADR and on the new pilot scheme for compulsory mediation in many small claims
• New cases on the effect of failure to cross-examine expert witnesses and on the making of orders for cross-examination at hearings other than trials
• Two further new chapters on mediation and the intermediate track
• Plus coverage of many other recent rule changes and case authorities (including amendments of pleadings, representative actions, injunctions against persons unknown, imaging orders and DDOs, debt relief orders and debt respite schemes)

table of content

1. The Civil Court System in Outline

 

2. Personal Injury Cases

 

3. Acting for a new claimant client

 

4. Parties to Actions

 

5. Steps to be taken before commencing court proceedings

 

6. Limitation of Actions

 

7. Procedure under the RTA and EL/PL Protocols

 

8. Service of Documents in court proceedings

 

9. Proceedings Under Pt 7 and Pt 8

 

10. Drafting Statements of Case

 

11. Interim Applications

 

12. Default Judgment

 

13. Admissions and Requests for Time to Pay

 

14. Disposal Hearings

 

15. Counterclaims and Other Additional Claims (Pt 20)

 

16. Summary Judgment

 

17. The Small Claims Track (Pt 27)

 

18. The Fast Track (Pt 28)

 

19. The Intermediate Track (Pt 28)

 

20. The Multi-Track (Pt 29)

 

21. Costs budgeting in most multi-track claims

 

22. Cases not Governed by Standard Track Allocation

 

23. Cases With a Foreign Element

 

24. Interim Injunctions

 

25. Interim Payments

 

26. Security for Costs

 

27. Experts

 

28. Disclosure and Inspection

 

29. Evidence

 

30. Judicial Case Management: General Points

 

31. Judicial Case Management: Particular Points

 

32. Discontinuance

 

33. Change of Solicitors

 

34. Part 36 Offers to Settle

 

35. Termination of an Action by Consent

 

36. Drafting Witness Statements, Affidavits and Skeleton Arguments

 

37. Preparations for Trial

 

38. Trial

 

39. Entitlement to costs

 

40. Fixed costs

 

41. Summary Assessment

 

42. Detailed Assessment of costs

 

43. Costs: Special Cases

 

44. Interest

 

45. Enforcement of Money Judgments

 

46. Enforcement of Other Judgments

 

47. Insolvency

 

48. Applications to Set Aside or Vary Orders

 

49. Appeals up to the Court of Appeal

 

50. Appeals to the UK Supreme Court