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Vol 21 No 8 Aug/Sept 2016

Book of the Month

Cover of Colinvaux's Law of Insurance

Colinvaux's Law of Insurance

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English Civil Procedure: Fundamentals of the New Civil Justice System


ISBN13: 9780199244256
ISBN: 0199244251
New Edition ISBN: 0199576149
Published: June 2003
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £257.50



Despatched in 4 to 6 days.

This is a systematic and analytical account of the new system of civil procedure and justice in England and Wales. The book is both comprehensive and detailed, focusing in particular on the fundamental principles that underlie the post-Woolf system. These include the principles set out in the Woolf reforms themselves, principles relating to civil justice derived from the Human Rights Act and ECHR, and older common law principles that continue to apply. This book will provide a much-needed commentary to the Civil Procedure Rules.

Subjects:
Courts and Procedure
Contents:
Foreword by Lord Woolf
PART I: FUNDAMENTALS; 1. Sources and Scope of Civil Procedure; 2. Main Pillars of the Woolf Reforms; 3. Principles in General; 4. Guarantees Concerning the Court's Composition; 5. Guarantees Concerning the Court's Conduct; 6. Leading Procedural Principles; 7. Article 6(1) and Human Rights; 8. The Wider Framework of Civil Justice; 9. Access to Justice
PART II: COMMENCEMENT; 10. Commencement, Service, and Pleadings; 11. Parties, Set-off, Part 20 Claims (including Counterclaims) and Contribution; 12. Limitation of Actions
PART III: JUDICIAL CONTROL OF THE PROCESS; 13. Case-Management and Judicial Discretion; 14. Sanctions against Procedural Non-Compliance; 15. Avoidance of Excessive Delay; 16. Abuse of Process
PART IV: PROTECTIVE AND INTERIM RELIEF AND JUDICIAL DISPOSAL WITHOUT TRIAL; 17. Freezing Injunctions and Search Orders; 18. Interim Payments and Injunctions
PART V: ACCELERATED OR ABBREVIATED JUSTICE; 19. Default Judgments; 20. Summary Judgment; 21. Striking Out Claims or Defences; 22. The Small Claims Jurisdiction
PART VI: SETTLEMENT; 23. The Settlement Process; 24.
Part 36 Payments and Offers to Settle; 25. Settlement Negotiations and Privilege: 'Without Prejudice' Communications and Conciliation Privilege
PART VII: ACCESS TO INFORMATION: DISCLOSURE AND EVIDENCE; 26. Disclosure; 27. Legal Professional Privilege; 28. Inadvertent Disclosure of Privileged Material; 29. Privilege Against Self-incrimination; 30. Public Interest Immunity; 31. Evidence in General; 32. Expert Evidence; 33. Foreign Aspects of Evidence
PART VIII: TRIAL AND COSTS; 34. Trial; 35. Conditional Fees and Funding; 36. Costs: General Features; 37. Special Costs Orders: Security for Costs, Non-party Costs Orders, and Wasted Costs
PART IX: POST-JUDGMENT: APPEALS, ENFORCEMENT AND FINALITY; 38. Appeals; 39. Enforcement; 40. Finality in Civil Proceedings: Claim and Issue Preclusion (Res Judicata) and Related Doctrines
PART X: SPECIFIC PROCEDURES; 41. Multi-Party Proceedings; 42. Applications for Judicial Review: Procedural Aspects; 43. Transnational Civil Procedure