O'Hare & Browne: Civil Litigation 18th ed
Published: October 2017
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
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.
- 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  EWHC 1309 (Ch) and Agarwala v Agarwala  EWCA Civ 1252
- The consequences of paying the wrong amount to issue a claim: Dixon v Radley House Partnership  EWHC 2411 (TCC)
- The principle of open justice: R (on the application of C) v Secretary of State for Justice  UKSC 2 and Da Costa v Sargaco  EWCA Civ 764
- The award of discretionary interest: Perry v Raley Solicitors  EWCA Civ 314 and Kitcatt v MMS UK Holdings Ltd  EWHC 786 (Comm)
- Personal injury damages: Manna v Central Manchester University NHS Foundation Trust  EWCA Civ 12, Knauer v Ministry of Justice  UKSC 9 and Summers v Bundy  EWCA Civ 126
- Qualified one-way costs shifting: Howe v MIB  EWHC 884 (QB), Parke v Butler  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  EWCA Civ 1110, Otuo v Watchtower Bible and Tract Society of Britain  EWCA Civ 136, Al-Rawas v Hassan Khan (A Firm)  EWCA Civ 4 and Archbishop Michael George Bowen v JL  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  EWHC 3005
- Proceedings against parties unknown: Cameron v Hussain  EWCA Civ 366
- Defendant’s right to call for service of proceedings: Brightside Group Ltd v RSM UK Audit LLP  EWHC 6 (Comm)
- Cross-examination in Part 8 proceedings: Wokingham Borough Council v Scott  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  2 Costs L.R. 311, Webb v Liverpool Women’s NHS Foundation Trust  1 W.L.R. 3899, Titmus v General Motors UK Ltd  EWHC 2021 (QB), Jockey Club Racecourse Ltd v Willmott Dixon Construction Ltd  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  EWHC 405 (Comm) at  and Harlequin Property (SVG) Ltd v Wilkins Kennedy  EWHC 3188 (TCC) at )
- 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  Q.B. 987 and Takhar v Gracefield Developments Ltd  EWCA Civ 147
Three new ways of challenging draft judgments before they are handed down