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Tables of Contents for Practical Guide to Civil Litigation
Chapter/Section Title
Page #
Page Count
Foreword
v
Acknowledgements
vii
Table of Cases
xxi
Table of Statutes
xxvii
Table of Statutory Instruments
xxxiii
Table of European Legislation
lv
Table of Other Materials
lvii
Table of Forms
lix
Table of Abbreviations
lxi
PART I -- PRELIMINARY MATTERS
Introduction to the Civil Courts
General
3
1
The civil courts
4
1
The judiciary
5
1
Civil Procedure Rules 1998
6
1
Introduction to the Civil Procedure Rules 1998
The overriding objective
7
1
Case management
8
1
Tracking
9
2
Alternative Dispute Resolution
What is ADR?
11
1
Comparison of ADR with other forms of dispute resolution
11
1
Reference to ADR in the Civil Procedure Rules 1998
12
1
Means of arriving at ADR
12
1
Summary of the advantages and disadvantages of ADR
13
1
Forms of ADR
14
1
Features of ADR
15
2
Funding of Litigation
Courts and Legal Services Act 1990
17
1
Conditional fee agreements
17
1
After-the-event insurance
18
1
Access to Justice Act 1999
18
3
Solicitors' Costs Information and Client Care Code
21
1
Counsel and conditional fee arrangements
21
2
Limitation of Actions
Overview
23
1
What must a claimant do to avoid becoming statute barred?
24
1
What must a defendant do if sued on a statute-barred claim?
25
1
Amendments
25
2
Personal injury cases
27
2
Limitation Act 1980 -- a summary
29
4
Pre-Action Protocols
Background
33
1
Protocol for Personal Injury Claims
34
10
Protocol for the Resolution of Clinical Disputes
44
3
Protocol for Construction and Engineering Disputes
47
2
Protocol for Professional Negligence
49
4
Change of Solicitor
Address for service
53
1
`On the record'
53
1
Notice of change of solicitor
54
1
Application for order that solicitor has ceased to act
55
1
Notice of discharge/revocation of public funding
56
1
Removal of solicitor
57
1
The court's discretion
57
2
Interest
Introduction
59
1
Contractual interest
59
1
Statutory interest
59
1
Interest in the discretion of the court
60
2
Interest under the court's equitable jurisdiction
62
1
Interest on default judgment
62
1
Interest on judgment debts
62
1
Interest and offers to settle
62
3
PART II -- CIVIL LITIGATION SKILLS
Interviewing
Preparation for the interview
65
1
Structure
66
2
Listening
68
1
Advice
68
1
Issues of professional conduct
69
2
Legal Research
Introduction
71
1
How to carry out practical legal research
72
1
Where to look
73
4
Drafting
Introduction
77
1
Drafting the particulars of claim -- general points
77
3
Drafting claims for damages for breach of contract
80
2
Drafting claims for damages in negligence
82
2
Suggestions of useful phrases for drafting Particulars of Claim
84
1
Drafting the Defence
85
3
Suggestions of useful phrases for drafting Defences
88
1
Drafting a Counterclaim
89
2
Advocacy
Introduction
91
1
Case preparation
91
4
Structure, delivery and word choice
95
1
Conduct considerations
96
1
Modes of address
96
1
Skeleton arguments
97
2
Civil interim applications and case management conferences
99
4
Negotiation
Introduction
103
1
Preparation
104
1
Negotiation styles and strategies
105
1
Stages in the negotiation
106
2
Negotiation plan
108
5
PART III -- COMMENCEMENT
Commencing Proceedings Under Part 7 of the Civil Procedure Rules 1998
How to start proceedings
113
2
Where to start proceedings
115
4
Commencing Proceedings -- Otherwise Than Under Part 7 of the Civil Procedure Rules 1998
Why more than one method?
119
1
Part 8 claims
119
1
Modifications to the general rules
120
1
Main uses of Part 8
121
1
Part 55 -- Possession claims
122
1
Part 23 applications
122
3
Part 20 Claims (Counterclaims)
Overview
125
1
Part 20 counterclaims (rule 20.4)
126
2
Part 20 -- contribution and/or indemnity claims between co-defendants (rule 20.6)
128
1
`Third party' proceedings/other Part 20 claims
129
4
Service
Overview
133
1
Who is to serve?
133
2
Methods of service
135
2
Dispensing with service
137
1
When is a document deemed to be served?
137
1
Proof of service
138
1
Service out of the jurisdiction
138
5
PART IV -- DETERMINATION OF A CASE WITHOUT TRIAL
Judgment in Default
Overview
143
1
Judgment in default of acknowledgement of service or defence (rule 12.3(1) and (2))
144
1
Default judgement on request (rule 12.4)
145
1
Default judgement on application (rule 12.10)
146
1
Claims against more than one defendant (rule 12.8)
147
1
Default judgment for costs only (rule 12.9)
147
1
Cases in which default judgment cannot be obtained (rules 12.2 and 12.3 and PD 12)
148
1
Part 20 claims and default judgment
148
1
Setting aside or varying a default judgment (Part 13)
148
2
Automatic transfer
150
1
Claimant's duty to apply to set aside judgment
150
1
Variation of payment
151
1
Effect of setting aside judgment
151
2
Admissions
Overview
153
1
Making an admission
154
1
Request for time to pay
155
1
Withdrawing an admission
155
2
Summary Judgment
Overview
157
1
Overlap with rule 3.4 -- power to strike out a statement of case
158
1
Burden of proof
159
1
Effect of set-off or counterclaim
160
1
Types of proceedings in which summary judgment is available
161
1
How to apply
162
1
Evidence
163
1
Court's powers and consequential orders
164
3
Disposals
Overview
167
1
Scope
167
2
Allocation and directions
169
1
Disposal hearings
169
1
Costs
170
3
PART V -- CASE MANAGEMENT
Allocation
The allocation questionnaire
173
1
Allocation hearings
174
1
The three tracks
174
2
Financial value
176
2
Matters relevant to allocation
178
1
Notice of allocation
178
1
Re-allocation
179
2
Case Management
Overview
181
2
Allocation
183
1
Small claims track -- case management
183
1
Fast track -- case management
184
3
Multi-track -- case management
187
1
Case management conferences
188
3
The Small Claims Track
Directions
191
1
Clarification of a party's case
192
1
Preliminary hearing
192
1
Disclosure of documents
192
1
Witness statements
193
1
Experts
193
1
Photographs/videos/sketch plans
194
1
Agreeing the cost of rectification or repair
195
1
Summary judgment
195
1
Decision on paper
195
1
Conduct of the hearing
196
1
The rules of evidence
196
1
Settling before the hearing
197
1
Submitting a case in writing
197
1
Non-attendance at the hearing
197
1
Costs on the small claims track
198
1
Unreasonable behaviour
199
1
Appeals
200
1
The Fast Track
Case management directions
201
1
Agreed directions
202
1
Case management hearings
202
1
Timetable
203
1
Varying the timetable
203
1
Disclosure of documents
204
1
Witness statements
204
1
Experts
204
1
Statement of financial loss
205
1
Split trials
205
1
Pre-trial checklist
206
1
Directions on listing
206
1
Listing for trial
207
1
The trial
207
1
Challenging a direction made on the court's initiative
207
1
Failure to comply with case management directions
208
3
The Multi-Track
Case management directions
211
1
Agreed directions
212
1
Case management hearings
212
1
Timetable
212
1
Varying the timetable
213
1
Disclosure of documents
213
1
Experts
213
1
Split trials
214
1
Pre-trial checklist
214
1
Pre-trial review
214
1
Failure to comply with directions
214
1
The trial
214
5
PART VI -- EVIDENCE
Disclosure
Historical introduction
219
1
Meaning of disclosure
220
1
Inspection
221
1
Meaning of `document'
221
1
Standard disclosure
222
1
Duty of solicitor
222
1
Procedure for standard disclosure
223
2
Continuing duty
225
1
Legal professional privilege
226
1
Specific disclosure
227
1
Disclosure otherwise than between parties
227
1
Subsequent use of disclosed documents
228
1
False disclosure statements
228
1
Evidence
Overview
229
1
Burden of proof
230
1
Standard of proof
230
1
Relevance and admissibility
231
1
Court's control of evidence
231
1
Witness statements
232
1
Practice Direction -- Written evidence (CPR PD 32)
232
1
Service of witness statements
233
2
Witness summaries
235
1
Hearsay evidence
236
2
Evidence by video link
238
1
Depositions
238
1
Opinion evidence
239
1
Documentary evidence
239
1
Real evidence
240
1
Demonstrative evidence
240
3
Experts
What is an expert?
243
1
Selection of an expert
243
1
Instructing an expert
244
1
Experts and the pre-action protocols
245
1
Experts and the court
246
1
The formalities of an expert's report
246
1
Experts on the fast track
247
1
Experts on the multi-track
247
1
Single joint experts
247
1
What if you want another report?
248
1
Giving joint instructions
249
1
Liability for fees
250
1
Written questions to an expert
250
1
Discussions between experts
251
1
When the court expert requires directions from the court
251
1
Experts who do not comply
251
2
PART VII -- TRIAL
Applications to the Court
Overview
253
1
Application on notice with a hearring
254
2
Application on notice without a hearing
256
1
Application without notice with a hearing
257
1
Application without notice without a hearing
258
1
Application notice
258
1
Costs
259
2
Listing Questionnaire (Pre-Trial Checklist)
Use of Form N170 as checklist
261
1
Directions for filing
261
1
Information sought
262
1
Court action on receipt of checklists
263
4
Compromise Before Trial
Consent orders
267
1
Tomlin orders
268
1
Settlement when a trial date/window is fixed
269
1
Compromise on behalf of a child or patient
269
2
Preparation for Trial
Termination without trial
271
1
Preparation for trial
271
1
Documents ('the trial bundle')
271
1
Who will conduct the advocacy at the trial?
272
1
Other issues
273
1
A checklist
274
2
The skeleton argument
276
3
The claimant's case
279
4
Sanctions
The `new culture' required by case management
283
2
Sanctions imposed by the Rules
285
1
What sanctions are available?
286
6
Sanctions have effect unless defaulting party obtains relief
292
1
Relief from sanctions (rule 3.9)
292
1
Conclusion
293
2
Trial Advocacy
Opening speeches
295
2
Legal/evidential submissions
297
1
Witness examination
297
7
Closing speeches
304
2
Usual order in a civil trial
306
3
Trial
General
309
1
Trial or hearing?
309
1
Public hearings
310
2
Trial bundle
312
1
Trial timetable
312
1
Evidence-in-chief
313
2
Supporting the trial advocate
315
1
Conduct of small claims trials
316
1
Failure to attend the trial
317
1
Failure to attend a small claims trial
317
1
Judgments and orders (Part 40)
318
6
PART VIII -- COSTS
Part 36 Offers
When offers and payments may be made
324
1
Contents of a Part 36 offer
324
1
Contents of a Part 36 payment notice
324
1
Time for acceptance
325
1
Costs consequences of acceptance of a defendant's Part 36 offer or Part 36 payment
325
1
Acceptance of Part 36 offers or payments by multiple defendants
326
1
Costs consequences of acceptance of a claimant's Part 36 offer
326
1
What happens if the claimant fails to beat a Part 36 offer or payment?
326
1
What happens if the claimant does better than his or her Part 36 offer?
327
3
Security for Costs
Security for costs against a claimant
330
1
Security for costs against non-parties
331
1
Procedure for applications under rule 25
331
1
Security for costs under rule 3.1
332
1
Costs
Orders for costs
333
2
Basis of assessment
335
1
The court's discretion to make an order for costs
336
1
Exercise of the court's discretion when assessing costs
336
1
The procedure for assessment of costs
337
1
Summary assessment
338
1
Statement of costs
338
2
Conduct of the summary assessment
340
1
Detailed assessment
341
2
Costs of the assessment proceedings
343
1
Limitations on the court's discretion as to assessment
344
1
Special rules for litigants in person
345
2
Costs-only proceedings
347
1
When costs are deemed to have been ordered
347
1
Agreeing costs
347
1
Payments on account
348
1
Assessment of costs where additional liability
348
1
No assessment of additional liability until the conclusion
348
1
Summary assessment and additional liability
348
1
Assessment of additional liability at the conclusion of proceedings
349
1
Assessing the additional liability
350
1
The court's discretion
351
2
Wasted costs orders
353
4
PART IX -- POST-TRIAL ISSUES
Appeal
Overview
357
1
Avenues of appeal
358
1
Permission to appeal
359
1
Time-limits
360
1
Grounds of appeal
361
1
Second appeals
362
1
Appeals from case management decisions
363
1
Appellant's notice
363
2
Respondent's notice
365
1
Appeal courts' powers
366
1
Special provisions applying to the Court of Appeal
367
1
Costs of appeal
367
1
Appeal to the House of Lords
368
1
Enforcement of Judgments
Overview
369
1
General rules about enforcement of judgments and orders
369
1
Writ of fieri facias / warrant of execution
370
2
Attachment of earnings
372
1
Charging orders
373
1
Third party debt orders
374
1
Committal
375
1
Judgment summons
376
1
Sequestration
376
1
Appointment of a receiver
377
1
Warrant of possession
377
1
Warrant of delivery
377
1
Stop orders and stop notices
378
1
Orders to obtain information from judgment debtors
378
1
Interest on judgment debts
379
1
Which court?
380
1
Interpleader
381
1
Insolvency
381
4
PART X -- OTHER PROCEEDINGS
Recovery of Land
Starting the claim
385
1
The claim form
385
1
Contents of the particulars of claim
385
1
Additional information for a claim for possession by a landlord
386
1
Additional information for a claim for possession by a mortgagee
386
1
Procedure after issue of the claim form
387
1
Defendant's response to the claim
387
1
Preparation for the hearing
388
1
The hearing
388
1
Recovery of land against trespassers
388
1
Accelerated possession procedure
389
1
The claim form
389
1
Procedure after issue
389
3
Miscellaneous Practice Directions
Practice Direction -- Devolution Issues
392
1
Practice Direction -- Directors Disqualification Proceedings
392
1
Practice Direction -- Insolvency Proceedings
393
1
Practice Direction -- The Use of the Welsh Language in Cases in the Civil Courts in Wales
393
1
Practice Direction on the Citation of Authorities
393
1
Practice Statement (Supreme Court: Judgments)
393
1
Practice Statement (Supreme Court: Judgment) (No 2)
394
1
Practice Note (Reserved Judgment: Handing Down)
394
1
Practice Direction (Judgments: Form and Citation)
394
1
Practice Direction (Judgments: Neutral Citations)
394
1
The Queen's Bench Guide
394
1
Chancery Guide
395
1
Commercial Court Guide
395
1
Mercantile Courts Guide
395
1
Patents Court Guide
395
2
Appendix A -- Quick Guide to the Civil Procedure Rules 1998
397
24
Appendix B -- Forms
421
24
Appendix C -- The Queen's Bench Guide
445
96
Index
541