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Vol 24 No 12 Dec 19/Jan 20

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Cover of Merkin and Flannery on the Arbitration Act 1996

Merkin and Flannery on the Arbitration Act 1996

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A Practical Guide to the Small Claims Track

ISBN13: 9781912687459
Published: December 2019
Publisher: Law Brief Publishing
Country of Publication: UK
Format: Paperback
Price: £49.99

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“… In this comprehensive guide to the small claims track, Dominic Bright has set out all that a practitioner could possibly need to know about how to deal with a small claim, from allocation to judgment and through to any potential appeal. … Dominic Bright has included guidance on a wide range of matters, such as ethics and ways to behave when in court, which will be of assistance to any junior practitioner appearing in a civil case at an early stage of their career. The inclusion of the civil procedure rules and practice directions relating to the small claims track, and also to pre-action conduct and protocols and to the overriding objective and the court’s duty to manage cases, means that this guide provides a useful toolkit of relevant rules and practice directions. …”

Foreword by HHJ Karen Walden-Smith
Senior Circuit Judge
Designated Civil Judge for the County Court in East Anglia

Courts and Procedure
1. Overview
2. Overriding objective
3. Court’s duty to actively manage cases
4. Pre-action protocols & Practice Direction – Pre-Action Conduct
5. Statements of case
6. Claim form
7. Particulars of claim
8. Defence (& counterclaim)
9. Reply to the defence (& counterclaim)
10. Directions questionnaires
11. Allocation
12. Preparation
13. Authority
14. Skeleton arguments
15. Arrival
16. Conference
17. Applications
18. Procedure of the final hearing
19. Witness evidence
20. Independent & objective evidence
21. Submissions
22. Orders & judgment
23. Costs, disbursements & witness expenses
24. Unreasonable behaviour
25. Appeals
26. Attendance notes
27. Tools
28. Dress
29. Ethics
30. Etiquette
Appendix A: CPR 1.1 — The Overriding Objective
Appendix B: CPR 1.4 — Court’s Duty to Manage Cases
Appendix C: Part 27 — The Small Claims Track
Appendix D: Practice Direction 27 — Small Claims Track
Appendix E: Practice Direction — Pre-Action Conduct and Protocols