Blackstone's Civil Practice 2017 (book and digital pack)

by Sime, Stuart; French, Derek; Kay, The Rt Hon Sir Maurice

• ISBN13: 9780198795513
• ISBN10: 0198795513
• Format: Hardcover
• Copyright: 2017-05-23
• Publisher: Oxford University Press

Summary

Providing detailed commentary of unrivalled quality on the process of civil litigation, this is the only major civil work to adopt a narrative approach based on the chronology of a claim. Written by a team of expert practitioners and academics, it provides authoritative analysis on the process of civil litigation from commencement of a claim to enforcement of judgments, addressing civil procedure in the County Court, the High Court, the Court of Appeal and the Supreme Court. The book also considers more specialist areas such as insolvency proceedings, sale of goods and human rights, providing expert analysis on a comprehensive level.

Commentary is combined with the text of the Civil Procedure Rules (CPR), Practice Directions (PD), and Pre-Action Protocols and Procedural Checklists, all fully cross-referenced to the text to ensure ease of use for the busy practitioner. As well as a detailed and user-friendly index the quick-reference guide inside the front cover provides an alternative point of access for those more familiar with the CPR.

This digital pack includes Blackstone's Civil Practice 2017 in print alongside a superfast app for iPad and iPhone and an an eBook for PC and Mac, ensuring that you have access to the latest developments in civil procedure wherever you are.

Also available, Blackstone's Civil Practice 2017: The Commentary is a concise version of this book, providing the unique commentary independently from the CPR, PD and other appendix materials.

Electronic versions of the Procedural Checklists in Blackstone's Civil Practice 2017 are available from IRIS Laserform.

Author Biography

Stuart Sime, Course Director, Bar Professional Training Course, City University London,Derek French, Legal writer and editor,

The Right Honourable Sir Maurice Kay (Editor-in-Chief) was formerly a Lord Justice of Appeal and Vice President of the Court of Appeal (Civil Division). He was a professor of law before being called to the bar in 1975 where he practiced until becoming a High Court Judge in 1995.


Professor Stuart Sime is the course director of the full-time Bar professional training course at the City Law School, where he teaches civil litigation, commercial, and company law. He was a practising barrister until 2005. In his early career he spent a number of years in the litigation department of the Treasury Solicitor's Office. He is co-author of Blackstone's Guide to the Civil Justice Reforms 2013, the author of A Practical Approach to Civil Procedure, co-author of A Practical Approach to ADR and co-author of The Jackson ADR Handbook (all published by OUP).


Derek French is principal author of 29 editions of Mayson, French and Ryan on Company Law, author of two editions of Applications to Wind Up Companies and one of Model Articles of Association for Companies, editor of 16 editions of Blackstone's Statutes on Company Law and co-author of Blackstone's Guide to the Civil Justice Reforms 2013, (all published by OUP).

Table of Contents

A General Matters
1. The overriding objective and sources of procedural law
2. Court organisation
3. Computing time
4. Remedies
B Funding litigation
5. Funding litigation
6. Conditional Fee Agreements
7. Legal Aid
C Before commencing a claim
8. Pre-action Protocols
9. Notices before Action
D Commencement
10. Limitation
11. Where to Start Proceedings
12. Issuing Proceedings
13. Part 8 Claims
14. Joinder and Parties
15. Filing and Service
16. Service outside the Jurisdiction
E Responding to a Claim
17. Admitting the Claim and Requesting Time to Pay
18. Acknowledging Service and Filing a Defence
19. Disputing the Court's Jurisdiction
20. Default Judgement
F Solicitors
21. Acting by a Solicitor
22. Change of Solicitor
G Statements of Case
23. Statements of Case and Claim Forms
24. Particulars of Claim
25. Schedule of Loss and Damage
26. Defending a Claim
27. Reply and Subsequent Statements of Case
28. Counterclaims
29. Additional Claims under Part 20
30. Further Information
31. Amendments to Statements of Case
H Interim Applications
32. Applications and Interim Orders
33. Striking Out
34. Summary Judgement
35. Possession Claims against Trespassers
36. Interim Payments
37. Interim Injunctions
38. Freezing Injunctions
39. Search Orders
40. Interim Delivery Up of Goods
41. Inspection of Property
I Case Mangement
42. Case Management
43. Costs Management
44. Costs Capping and Costs Protection
45. Small Claims
46. Fast Track
47. Multi-Track
48. Non-compliance, Sanctions and Relief
J Evidence
49. General Law of Evidence
50. Disclosure
51. Witness Statements
52. Affidavits
53. Hearsay Evidence
54. Experts and Assessors
K Discontinuance and Stays
55. Discontinuance
56. Stays
L Trial
57. Witness Summonses
58. Giving Evidence Without Attending Court
59. Trial Bundles
60. Trial by Jury
61. Trial
62. Non-attendence
63. Judgements and Orders
64. Interest
M Costs
65. Solicitor and Own Client Costs
66. Part 36 Offers
67. Security for Costs
68. Costs Orders
69. Qualified One-way Costs Shifting
70. Fixed Costs etc.
71. Assessment of Costs
N Alternative Dispute Resolution
72. Arbitration Claims
73. Alternative Dispute Resolution
O Appeals, Judical Review and EU References
74. The Appeals System
75. Hearing of Appeals
76. Appeals to the Supreme Court
77. Judical Review
78. References to the Court of Justice of the European Union
P Enforcement
79. Enforcement
80. Enforcement of Fereign Jugements
81. Committal and Sequestration
Q Insolvency Proceedings and Companies Matters
82. Winding up and Administration of Registered Companies
83. Bankruptcy
84. Insolvency Applications and Appeals
85. Applications under the Companies Acts and Related Legislation
86. Director Disqualification
R Mortgage Possession Claims
87. Mortgage Possession Claims
S Anti-Social Behaviour and Harassment
88. Anti-Social Behaviour and Harassment
T Sale of Goods and Unfair Contracts
89. Sale of Goods
90. Unfair Contracts
U Human Rights and Civil Procedure
91. Human Rights and Civil Procedure
V Terminology
92. Changes in Terminology Made by the CPR
Appendices
Appendix 1
Civil Procedure Rules 1998 and Practice Directions
Glossary
CPR Schedule 1
CPR Schedule 2
Appendix 2
Pre-action Protocols
Appendix 3
Court Fees Orders
Appendix 4
Selected Legislation