A Practical Approach to Civil Procedure

by Sime, Stuart

• ISBN13: 9780199268153
• ISBN10: 0199268150
• Edition: 7th
• Format: Paperback
• Copyright: 2099-11-30
• Publisher: Blackstone Press

Summary

Any lawyer practising in the civil courts in England and Wales needs a thorough grasp of practice and procedure, and the rules of practice as applied by the courts. Taking a practical, rather than an academic, approach to the topic of Civil Litigation, this book provides an excellentcommentary on all the major areas of civil procedure. It has been designed to cover points that are likely to arise in day-to-day practice. It explains the various procedures that must be followed as a claim progresses from its early stages through its interim stages and on to trial, enforcement,and possible appeal. The new edition includes numerous changes made by amendments to the Civil Procedure Rules and Practice Directions, including changes to appeals, dispositions and the electronic issue of proceedings. Among the cases discussed are Bloomsbury Publishing group v News GroupNewspapers on granting interim injunctions against persons unknown , Binks v Securicor Omega Express on the requirement to have a statement of truth when pleading alternative or inconsistent cases, and Man (E.D. and F.) Liquid Products Ltd v Patel dealing with the burden of proof in applicationsfor summary judgment. Also notable are Flightline Travel Services v Gill on freezing injunctions, Bhamjee v Forsdick on restraining litigants who are persistently vexatious, and Marcic v Thames Water Utilities on the scope of arts. 6(1) and 8 of the European Convention on Human Rights.

Author Biography

Stuart Sime is a Barrister and Senior Lecturer in Law at the Inns of Court School of Law.

Table of Contents

Introductory matters

The civil courts

The overriding objective

Funding litigation

Pre-action protocols

Limitation

Commencement of proceedings

Renewal of process

Service outside the jurisdiction

Responding to a claim

Judgment in default

Statements of case

Track allocation and case management

Amendment

Requests for further information

Parties and joinder

Additional claims under Part 20

Part 8 claims and petitions

Interim applications

Summary judgment

Striking out

Interim payments

Security for costs

Small claims track

Fast track

Multi-track

Sanctions

Disclosure

Norwich Pharmacal and related disclosure offers

Experts

Witness statements and affidavits

Hearsay

Notice to admit or prove

Interim injunctions

Freezing injunctions

Search orders

Listing and pre-trial reviews

Trial

References to the European Court

Judgments

Part 36 offers and payments

Costs

Enforcement

Judicial review

Appeals

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