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Vol 21 No 11 Nov/Dec 2016

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Andrews on Civil Processes Volume 1

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ISBN13: 9781780680835
Published: September 2013
Publisher: Intersentia Publishers
Country of Publication: Belgium
Format: Hardback
Price: £166.00



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Andrews on Civil Processes is a fresh and stimulating examination of Civil Justice, embracing court proceedings, mediation, and arbitration. The book, published in two volumes, will help lawyers (whether practitioners, judges, policy-makers, or other jurists) in England, Europe, and the wider world. Whilst it focuses on English law, this is of interest to lawyers around the world, especially because of the cross-border nature of many disputes. This new work is distinctive because it:

Provides detailed examination of English civil proceedings (volume I) and of mediation and arbitration (volume II);

  • Explains the connections between these three modes of dispute-resolution;
  • Identifies the fundamental principles of court proceedings and of arbitration;
  • Assesses the merits of mediation and the scope for encouraging people to pursue it;
  • Arranges all these forms of civil justice in a systematic way.
Three notable developments, all covered in this book, are:

  • The Legal Aid, Sentencing and Punishment of Offenders Act 2012 introduces American-style contingency fees (so-called `damages-based agreements’).
  • In England resort to mediation has increased. The European Directive on Mediation (2008) reflects the global rise of this technique.
  • In Dallah Real Estate & Tourism Holding Co v. Pakistan (2010) the UK Supreme Court refused to enforce a Paris arbitral award because (in its view) the arbitral tribunal had incorrectly held that the Government of Pakistan was party to the arbitration agreement.

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Subjects:
EU Law, Courts and Procedure
Contents:
PART I INTRODUCTION TO THE FORMS OF CIVIL JUSTICE
Chapter 1. Introduction
Chapter 2. Sources of English Civil Procedure
Chapter 3. ‘The Big Picture’: Interaction of the Court System and Other
Forms of Dispute Resolution

PART II COMMENCEMENT OF COURT PROCEEDINGS AND PREPARATION FOR TRIAL
Chapter 4. Th e Six Phases of Court Proceedings
Chapter 5. Commencement and Service
Chapter 6. Pleadings and Parties
Chapter 7. Counterclaims and Set-Off
Chapter 8. Limitation of Actions
Chapter 9. Case Management and Procedural Discipline
Chapter 10. Pre-Trial Termination of Actions Without Settlement:
Interim, Summary, Default, Preliminary and Striking Out
Procedures
Chapter 11. Disclosure
Chapter 12. Privileges
Chapter 13. Experts

PART III
END-GAME: TRIAL, APPEAL, FINALITY AND ENFORCEMENT
Chapter 14. Trial and Judgment
Chapter 15. Appeals
Chapter 16. Finality in Court Proceedings
Chapter 17. Enforcement of Court Judgments and Orders

PART IV COSTS AND FINANCING OF LITIGATION
Chapter 18. Basic Costs Principles
Chapter 19. Security for Costs
Chapter 20. ‘No Win, No Fee’ Systems

PART V SPECIAL PROCEEDINGS
Chapter 21. Protective Relief
Chapter 22. Multi-Party Litigation
Chapter 23. Complex Litigation
Chapter 24. The Commercial Court
PART VI PRINCIPLES OF CIVIL LITIGATION
Chapter 25. The Five Constellations of Procedural Principle
Chapter 26. Judicial Independence and Impartiality
Chapter 27. Due Notice
Chapter 28. Publicity and Open Justice
Chapter 29. The Duty to Give Reasoned Decisions

PART VII THE EUROPEAN CONTEXT
Chapter 30. European Infl uences upon English Civil Justice