Subjects:

Legal Manuals, Practice & Procedure

Contents:

Introduction to Civil Litigation

Considerations at the First Interview and Funding the Claim

Early Action

Commencing Proceedings

Responding to Proceedings and Judgment in Default

Statements of Case

Additional Proceedings and Part 8 Claims

Case Management and Allocation of Cases

Applications to the Court

Disclosure and Inspection of Documents: CPR 1998, Part 31

Evidence

Settlement

Final Preparations for Trial, Trial and Assessment of Costs

Enforcement of Money Judgements

Alternative Dispute Resolution

Appendices

Court Forms and Protocols

Documents

Flow Diagrams

Case Study Documents

Civil Litigation is a thorough, up to date and practical introduction to the Civil Procedure Rules and the principles and tactics used in pursuing a civil case. The civil process has been divided into five stages, starting with pre-action considerations, moving on to examine the issue and service of proceedings, before considering interim matters, trial and enforcement. The aim of the book is to equip readers with the necessary knowledge to enable them successfully to navigate their way through these stages.

The text has a user-friendly structure and includes checklists and specimen documents which build up into a case study forming a useful overview of the civil litigation process. The appendices incorporate flow diagrams and copies of the more common court forms used in civil litigation.

This new edition has been revised to include comprehensive cross-references to the Solicitors’ Code of Conduct (2007); a detailed case analysis of a contract claim; a new section on how to draft a counterclaim; compound interest; examples of a conditional fee agreement success fee; the importance of giving pre-action notice of a funding arrangement; the need to consider eligibility for legal aid; the consequences of failing to follow a pre-action protocol, the new Allocation Questionnaire from April 2008; and when to consider mediation.

Recent case law developments have also been added, including:-

• Sempra Metals Ltd v Inland Revenue Commissioners [2007] UKHL 34,
• David Truex, Solicitor (a firm) v Kitchin [2007] EWCA Civ 618,
• Cundall Johnson and Partners LLP v Whipps Cross University Hospital NHS Trust [2007] EWHC 2178
• and Nigel Witham Ltd v Smith [2008] EWHC 12.