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Civil Litigation 2021/2022

edit Authors(s): Kevin Browne and Margaret Catlow
event Published: 30 June 2021

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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 knowledge necessary 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 helpful templates, flow diagrams, case study documents and copies of the more common court forms used in civil litigation.

This edition incorporates developments in the overriding objective, Practice Direction 1A (the participation of vulnerable parties and witnesses), damages-based agreements, pre-action protocols, without prejudice communications, early neutral evaluation, anonymity orders, litigation friends, service of the claim form, service out of the jurisdiction, statements of case, Part 18 requests for information, Part 20 claims, Part 8 claims, costs budgets, security for costs, disclosure, witness statements, Part 36 offers, Tomlin orders and costs.

New cases include Zuberi v Lexlaw Ltd [2021] (damages-based agreements); Percy v Merriman White [2021] (indemnity and contribution proceedings); MEF (A Protected Party, by his Mother and Litigation Friend, FEM) v St George’s Healthcare NHS Trust [2020] (settlement); Telecom Centre (UK) Ltd v Thomas Sanderson Ltd [2020] (ADR); XXX v Camden London Borough Council [2020] (anonymity order); X v Y [2020] (litigation friend); Diriye v Bojaj [2020] (service); UK Learning Academy Ltd v Secretary of State for Education [2020], Satyam Enterprises Ltd v Burton [2021], Tejani v Fitzroy Place Residential Ltd [2020] and Puharic v Silverbond Enterprises Ltd [2021] (statements of case); Sheeran v Chokri [2020] and Owners of the Gravity Highway v Owners of the Maritime Maisie [2020] (requests for information); Walayat v Berkeley Solicitors Ltd [2021] (court fees); Ball v Ball [2020] (Part 8); Porter Capital Corp v Masters [2020] (costs budgets); TBD (Owen Holland) Ltd v Simons [2020] (security for costs); Depp II v News Group Newspapers Ltd [2020] and Taylor Wimpey UK v Harron Homes Ltd [2020] (disclosure); Harlow v Aspect Contracts Ltd [2020] (witness statements); Pallet v MGN Ltd [2021] and Rawbank SA v Travelex Banknotes Ltd [2020] (Part 36); Zenith Logistics Services (UK) Ltd v Coury [2020] (Tomlin orders); and DSN v Blackpool Football Club Limited [2020] (costs).


Contents

Introduction to Civil Litigation
Considerations at the First Interview including Funding the Claim
Early Action
Alternative Dispute Resolution
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
Evidence
Settlement
Final Preparations for Trial, Trial and Assessment of Costs
Enforcement of Money Judgments

Appendices

Court Forms, Protocols and Guidelines
Templates for Drafting Key Documents
Flow Diagrams
Case Study Documents

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