Civil Litigation is a thorough, up to date and practical introduction to the Civil Procedure Rules and the principles and tactics used in pursuing a civil case. The civil process has been divided into five stages, starting with pre-action considerations, moving on to examine the issue and service of proceedings, before considering interim matters, trial and enforcement. The aim of the book is to equip readers with the knowledge necessary to enable them successfully to navigate their way through these stages. The text has a user-friendly structure and includes checklists and specimen documents which build up into a case study forming a useful overview of the civil litigation process. The appendices incorporate helpful templates, flow diagrams, case study documents and copies of the more common court forms used in civil litigation.
This edition incorporates developments in litigation funding, ‘without prejudice’ correspondence, alternative dispute resolution (ADR), ‘compulsory’ non-court-based dispute resolution, the creation of the Civil National Business Centre, default judgment, statements of case, Part 18 requests for information, relief from sanctions, allocation, the introduction of the intermediate track, changes to the fast track and multi-track, setting aside default judgment, summary judgment, security for costs, witness statements, expert evidence, Part 36 offers, trial procedure and the new fixed recoverable costs regime.
New cases include Diag Human SE v Volterra Fietta [2023], R (on the application of PACCAR Inc) v Competition Appeal Tribunal [2023] and Stoop (t/a Warwick Risk Management) v Johnson [2024] (funding); Jones v Tracey [2023] (without prejudice); Children’s Ark Partnerships Ltd v Kajima Construction Europe (UK) Ltd [2023], Lancashire Schools SPC Phase 2 Ltd v Lendlease Construction (Europe) Ltd [2024] and Churchill v Merthyr Tydfil County Borough Council [2023] (ADR); Edward v Okeke [2023] (default judgment); Jacobs v Chalcot Crescent (Management) Company Ltd [2024] (statements of case); CNM Estates (Tolworth Tower) Ltd v Carvill-Biggs [2023] and Yesss (A) Electrical Ltd v Warren [2024] (relief from sanctions); R (on the application of Isah) v Secretary of State for the Home Department [2023] (summary assessment of costs); Pincus v Singh [2023] and FXF v English Karate Federation Ltd [2023] (setting aside default judgment); X-R Touring LLP v Javor [2024] (summary judgment); Lazarichev v Lyndou [2024] and Explosive Learning Solutions Ltd v Landmarc Support Services Ltd [2023] (security for costs); FMA v Secretary of State for the Home Department [2023] (disclosure obligations); Afzal v UK Insurance Ltd [2023], Sycurio Ltd (formerly Semafone Ltd) v PCI-Pal PLC [2023] and Duke of Sussex v MGN Ltd [2024] (evidence); Holden v Holden [2024] (Part 36); Griffiths v TUI UK Ltd [2023] (trial procedure); and Merricks v Mastercard Inc [2023] (costs).
Table of Contents:
Introduction to Civil Litigation
Considerations at the First Interview including Funding the Claim
Early Action
Alternative Dispute Resolution
Commencing Proceedings
Responding to Proceedings and Judgment in Default
Statements of Case
Additional Proceedings and Part 8 Claims
Case Management and Allocation of Cases
Applications to the Court
Disclosure and Inspection of Documents
Evidence
Settlement
Final Preparations for Trial, Trial and Assessment of Costs
Enforcement of Money Judgments
Appendices
Court Forms, Protocols and Guidelines
Templates for Drafting Key Documents
Flow Diagrams
Case Study Documents
