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The Reform of Civil Litigation (Book & eBook Pack)


ISBN13: 9780414057029
Published: September 2016
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Book & eBook Pack (ProView)
Price: Out of print
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Subjects:
eBooks, Courts and Procedure
Contents:
Part 1. The process of reform and the principle of proportionality
1. Introduction
2. The civil litigation costs review and proposals for reform
3. The organising principle – proportionality
4. Implementation

Part 2. Funding
5. Conditional fee agreements, after-the-event insurance and increased damages
6. Damages-based agreements
7. Other forms of funding

Part 3. Consensual settlement
8. Pre-action protocols
9. Alternative dispute resolution
10.
Part 36 offers

Part 4. The management of litigation
11. Case management and effective use of IT
12. Disclosure
13. Factual and expert evidence
14. Costs management
15. Appeals

Part 5. Particular categories of litigation
16. Qualified one-way costs shifting in personal injury litigation and possibly other areas
17. Referral fees in personal injury litigation
18. Intellectual property, small business, defamation/privacy, judicial review, clinical negligence and other specialist areas

Part 6. Quantifying costs
19. Fixed recoverable costs
20. Detailed assessment
21. Summary assessment

Part 7. Conclusion
22. Lessons from the process
23. Where next?

Appendix A
Diagram illustrating the relationship between some of the reforms proposed in the Review of Civil Litigation Costs Final Report – a scheme designed to promote access to justice and the fair resolution of disputes at proportionate cost

Appendix B
Response to Ministry of Justice Consultation Paper CP 13/10