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Vol 22 No 10 Oct/Nov 2017

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Lindley & Banks on Partnership

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O'Hare & Browne: Civil Litigation 18th ed


ISBN13: 9780414063921
Previous Edition ISBN: 9780414052727
Published: October 2017
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Paperback
Price: £99.00



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O’Hare & Browne Civil Litigation covers the entire spectrum of civil litigation in a general and basic way. It provides a step-by-step guide through all stages of a civil action, from funding through to trial, costs, enforcement and appeals.

It is of use to all civil litigation fee earners, barristers practising in civil litigation, trainee solicitors and barristers, and LPC (Legal Practice Course) and BPTC (Bar Professional Training Course) students, trainee solicitors and barristers, and new practitioners.

This book cross-refers to the White Book rather than cover everything the White Book does, it picks out the parts of the Civil Procedure Rules that the authors feel are most in need of additional guidance. It is therefore a complementary text to the White Book, and serves as a feeder to it.

The book is also an excellent refresher text, written in a concise and accessible narrative style, made easily navigable with helpful and frequent subheadings.

Key features:-

  • Provides a practical, comprehensive and detailed guide covering all areas of civil litigation in the High Court and County Court
  • Explains how the Civil Procedure Rules work in practice
  • 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, tips and solutions
  • Includes examples to help clarify what you need to do
  • Deals with costs and funding
  • Provides references to court forms and relevant rules
  • Refers to the Civil Procedure Rules and the White Book
  • Fully up-to-date with the latest legislative developments
New to this edition:-

  • From the litigant in person’s perspective:  Jones v Longley [2016] EWHC 1309 (Ch) and Agarwala v Agarwala [2016] EWCA Civ 1252   
  • The consequences of paying the wrong amount to issue a claim: Dixon v Radley House Partnership [2016] EWHC 2411 (TCC)              
  • The principle of open justice: R (on the application of C) v Secretary of State for Justice [2016] UKSC 2 and Da Costa v Sargaco [2016] EWCA Civ 764      
  • The award of discretionary interest: Perry v Raley Solicitors [2017] EWCA Civ 314 and Kitcatt v MMS UK Holdings Ltd [2017] EWHC 786 (Comm)        
  • Personal injury damages: Manna v Central Manchester University NHS Foundation Trust [2017] EWCA Civ 12,  Knauer v Ministry of Justice [2016] UKSC 9 and Summers v Bundy [2016] EWCA Civ 126     
  • Qualified one-way costs shifting: Howe v MIB [2016] EWHC 884 (QB), Parke v Butler [2016] EWHC 1251 (QB) and Jeffreys v Commissioner of Police for the Metropolis (2017) L.T.L. 7 May                
  • Limitation issues: Mortgage Express v Countrywide Surveyors Limited [2015] EWCA Civ 1110, Otuo v Watchtower Bible and Tract Society of Britain [2017] EWCA Civ 136, Al-Rawas v Hassan Khan (A Firm) [2017] EWCA Civ 4 and Archbishop Michael George Bowen v JL [2017] EWCA Civ 82   
  • The 2017 Debt Claims Pre-action Protocol   
  • What next if a grant of letters of administration has been obtained in another jurisdiction? Kimathi v Foreign and Commonwealth Office [2016] EWHC 3005        
  • Proceedings against parties unknown: Cameron v Hussain [2017] EWCA Civ 366       
  • Defendant’s right to call for service of proceedings: Brightside Group Ltd v RSM UK Audit LLP [2017] EWHC 6 (Comm)                    
  • Cross-examination in Part 8 proceedings: Wokingham Borough Council v Scott [2017] EWHC 294 (QB)                     
  • An answer to the following question: if, under Pt 36, the claimant gets costs up to the time of an offer but the defendant gets the costs thereafter, who gets any costs awarded “in the case”?
  • As to default judgments, is filing a defence late just as bad as not filing it at all?
  • Fuller treatment of expert evidence: in particular, the rule against expert shopping, evidence in low velocity impact cases and the new trial procedures concerning expert evidence
  • New sections on accelerated possession claims, notification injunctions, redacting documents,  surveillance evidence  and annulment of bankruptcy orders
  • Many new cases on Pt 36 including: Patience v Tanner [2016] 2 Costs L.R. 311, Webb v Liverpool Women’s NHS Foundation Trust [2016] 1 W.L.R. 3899, Titmus v General Motors UK Ltd [2016] EWHC 2021 (QB), Jockey Club Racecourse Ltd v Willmott Dixon Construction Ltd [2016] 4 W.L.R. 43.
  • An explanation of why the Denton principles on non-compliance with rules (r.3.9) do not apply to errors of procedure (r.3.10)
  • Two High Court cases discouraging the practice of sending potential witnesses on witness training courses: Republic of Djibouti v Boreh [2016] EWHC 405 (Comm) at [67] and Harlequin Property (SVG) Ltd v Wilkins Kennedy [2016] EWHC 3188 (TCC) at [18]) 
  • Current theories as to proportionality in costs
  • The new statutory schemes replacing protective costs orders in almost all cases
  • New case law on attacking final decisions obtained by fraud: Salekipour v Parmar [2016] Q.B. 987 and Takhar v Gracefield Developments Ltd [2017] EWCA Civ 147 
Three new ways of challenging draft judgments before they are handed down

Subjects:
Courts and Procedure
Contents:
Civil litigation in outline.
Funding
civil litigation.
Interest.
Personal injury damages.
Limitation of actions.
The preliminary stages
of litigation.
Parties to actions.
Service of
documents.
From issue to location.
Part 8
claims.
Cases with a foreign element.
Drafting
statements of case.
Interim applications.
Drafting
applications, witness statements and affidavits.
Default judgment.
Admissions and requests for
time to pay.
Disposal hearings.
Part 20 claims.
Summary judgment.
The small claims track (Part
27).
The fast track (Part 28).
The multi-track (Part
29).
Experts.
Cases not governed by standard
track allocation.
Interim payments.
Security for
costs.
Interim injunctions (Part 25).
Change of
solicitors.
Part 36 offers and payments.
Disclosure
and inspection.
Evidence.
Fact management.
Judicial case management.
Termination of an
action by consent.
Discontinuance.
Preparations
for trial.
Trial.
Costs payable by one party to
another. Costs: special cases.
Enforcement of
money judgments.