Practical Approach to Civil Procedure

Many cases are won and lost in the civil courts on purely procedural grounds. It is therefore essential for the successful litigator to have a thorough understanding of the key practices and procedures employed by the courts throughout the various stage of a civil litigation claim. A Practical Approach to Civil Procedure is essential reading for students and newly qualified litigators alike, and has been specifically designed to provide a detailed, yet accessible, introduction to the relevant statutory provisions, rules, practice directions and case law which govern the procedures adopted by the civil courts. Following the progress of a civil litigation claim through funding litigation and issuing and serving proceedings, to trial, enforcement and appeal, the book seeks to offer the reader practical guidance on typical areas or problems which are likely to arise on a day to day basis. The inclusion of relevant sample documentation enhances the practical nature of the book and introduces the reader to the forms and documents which will be encountered in practice. This eleventh edition has been revised in light of recent developments in law and practice.Online Resource Centre This eleventh edition is accompanied by an expanded Online Resource Centre which contains a test bank of multiple choice questions designed for lecturers to use to assess their students' knowledge of topics covered in the book, realistic examples of completed forms to illustrate how such forms should be used in practice, and a selected number of flowcharts accompanied by audio explanations which seek to explain how the various aspects of the civil litigation process interlink.1. Introduction; 2. The civil courts; 3. Overriding objective and human rights; 4. Funding litigation; 5. Pre-action protocols; 6. Alternative dispute resolution; 7. Limitation; 8. Issuing and serving proceedings; 9. Renewal of process; 10. Service outside the jurisdiction; 11. Responding to a claim; 12. Default judgment; 13. Statements of case; 14. Track allocation and case management; 15. Amendment; 16. Requests for further information; 17. Parties and joinder; 18. Additional claims under Part 20; 19. Part 8 claims and petitions; 20. Interim applications; 21. Summary judgment; 22. Striking out, discontinuance, and stays; 23. Interim payments; 24. Security of costs; 25. Small claims track; 26. Fast track; 27. Multi-track; 28. Sanctions; 29. Disclosure; 30. Norwich Pharmacal and related disclosure orders; 31. Experts; 32. Witness statements and affidavits; 33. Hearsay; 34. Admissions and documentary evidence; 35. Interim injunctions; 36. Freezing injunctions; 37. Search orders; 38. Listing and pre-trial reviews; 39. Trial; 40. References to the European Court of Justice; 41. Judgments and orders; 42. Offers to settle; 43. Costs; 44. Enforcement; 45. Judicial review; 46. Appeals