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Civil Litigation 2022/2023

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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 ADR orders, e-filing of documents, service of a claim form, time extensions, sanctions, costs management, the summary assessment of costs, summary judgment, repayment of an overpaid interim payment, security for costs orders, specific disclosure, the parties’ disclosure obligations, witness statements, expert evidence and expert’s fees, pre-action Part 36 offers, mistakes in Part 36 offers, cross-examination at trial and solicitors’ guideline hourly rates.

 New cases include Benyatov v Credit Suisse Securities (Europe) Ltd [2022] (costs), LSREF 3 Tiger Falkirk Ltd I SARL v Paragon Building Consultancy Ltd [2021] (service of claim form), Jalla v Shell International Trading and Shipping Co Ltd [2021] (time extensions),Bailey v Barclays Bank UK Public Ltd Co [2021] (Part 20), Rapid Displays Inc v Ahkye [2022] (sanctions), Elias v Blemain Finance Ltd[2021] (allocation), Discovery Land Company, LLC v Axis Specialty Europe SE [2021] (costs management), Changing Climates Ltd v Warmaway Ltd [2021] (summary assessment), Brown v Fisk [2021] and Rolfe v Veale Wasbrough Vizards LLP [2021] (summary judgment), Wakefield v NJS [2021] (interim payment), Infinity Distribution Ltd (in administration) v Khan Partnership LLP [2021], Rowe v Ingenious Media Holdings plc [2021] and Tulip Trading Ltd v Bitcoin Association for BSV (a Swiss verein) [2022] (security for costs), Sheeran v Chokri [2021] (specific disclosure), Ayannuga v One Shot Products Ltd [2021] (disclosure obligations), Prime London Holdings 11 Ltd v Thurloe Lodge Ltd [2022] and Various Airfinance Leasing Companies v Saudi Arabian Airlines Corporation [2021] (witness statements), Radia v Marks [2022], Robinson v Liverpool University Hospital NHS Foundation Trust and Dr Mercier [2021] and Griffiths v Tui (UK) Ltd [2021] (expert evidence), Loggie v Loggie [2022] (expert’s fees), The Huntsworth Wine Company Ltd v London City Bond Ltd [2022] (pre-action Part 36 offers), Reader v SPIE Ltd [2021] (pre-trial Part 36 offers), O’Grady v B15 Group Ltd [2022] (mistakes in Part 36 offers), Equitix Eeef Biomass 2 Ltd v Fox [2021] (Part 36 enhanced interest) and R (on the application of the Good Law Project) v Minister for the Cabinet Office [2022] (cross-examination).




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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