Pub Date : 2018-08-01DOI: 10.1093/HE/9780198823193.003.0013
Susan Cunningham-Hill, K. Elder
An interim application is any application made to the court that requires a judicial decision. This is usually in the time between a case being issued and the final trial or determination of the action. This chapter considers the nature of interim applications. It discusses the interim applications made with and without notice, and those made with and without a hearing. It also explains common procedure and time estimates.
{"title":"13. Interim Applications—General Considerations","authors":"Susan Cunningham-Hill, K. Elder","doi":"10.1093/HE/9780198823193.003.0013","DOIUrl":"https://doi.org/10.1093/HE/9780198823193.003.0013","url":null,"abstract":"An interim application is any application made to the court that requires a judicial decision. This is usually in the time between a case being issued and the final trial or determination of the action. This chapter considers the nature of interim applications. It discusses the interim applications made with and without notice, and those made with and without a hearing. It also explains common procedure and time estimates.","PeriodicalId":132473,"journal":{"name":"Civil Litigation 2019-2020","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132033487","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-08-01DOI: 10.1093/HE/9780198823193.003.0002
Susan Cunningham-Hill, K. Elder
This chapter begins with a discussion of civil litigation reform. It focuses on the purpose of civil litigation. The application of the Civil Procedure Rules is detailed. Key features of civil practice in the courts, for example, the computation of time, are discussed. It considers the concept of the overriding objective and human rights and civil litigation.
{"title":"2. A Modern Litigation Approach","authors":"Susan Cunningham-Hill, K. Elder","doi":"10.1093/HE/9780198823193.003.0002","DOIUrl":"https://doi.org/10.1093/HE/9780198823193.003.0002","url":null,"abstract":"This chapter begins with a discussion of civil litigation reform. It focuses on the purpose of civil litigation. The application of the Civil Procedure Rules is detailed. Key features of civil practice in the courts, for example, the computation of time, are discussed. It considers the concept of the overriding objective and human rights and civil litigation.","PeriodicalId":132473,"journal":{"name":"Civil Litigation 2019-2020","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122105929","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-08-01DOI: 10.1093/HE/9780198823193.003.0016
Susan Cunningham-Hill, K. Elder
This chapter considers the definition of ‘disclosure’, its purpose, its extent, and the process whereby it is implemented. It also looks at other types of disclosure and the times at which such disclosure may take place—some of which may be before litigation has been commenced. The formal provisions for disclosure are contained in the Civil Procedure Rules 31 and the accompanying Practice Direction. The formal disclosure rules apply to cases in the fast track and the multi-track. They do not automatically apply to the small claims track. Disclosure has been much in the legal press recently, and the new draft disclosure rules are discussed.
{"title":"16. Disclosure and Inspection","authors":"Susan Cunningham-Hill, K. Elder","doi":"10.1093/HE/9780198823193.003.0016","DOIUrl":"https://doi.org/10.1093/HE/9780198823193.003.0016","url":null,"abstract":"This chapter considers the definition of ‘disclosure’, its purpose, its extent, and the process whereby it is implemented. It also looks at other types of disclosure and the times at which such disclosure may take place—some of which may be before litigation has been commenced. The formal provisions for disclosure are contained in the Civil Procedure Rules 31 and the accompanying Practice Direction. The formal disclosure rules apply to cases in the fast track and the multi-track. They do not automatically apply to the small claims track. Disclosure has been much in the legal press recently, and the new draft disclosure rules are discussed.","PeriodicalId":132473,"journal":{"name":"Civil Litigation 2019-2020","volume":"469 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123055327","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-08-01DOI: 10.1093/HE/9780198823193.003.0007
Susan Cunningham-Hill, K. Elder
The role of a student or practitioner in the dispute resolution (or litigation) department is to assist in the procedural and theoretical aspects of a client’s case. These latter aspects can include consideration of matters that can determine where an action proceeds and whether it is capable of proceeding. This chapter deals with issues that may be considered either before seeing a client on a new matter, at the first meeting, or, more commonly, after receiving detailed instructions and reflecting on the overall issues in the case. It considers jurisdiction and governing law; the capacity to sue or be sued; limitation; the legal components of an action; and remedies.
{"title":"7. Pre-Action Substantive Matters","authors":"Susan Cunningham-Hill, K. Elder","doi":"10.1093/HE/9780198823193.003.0007","DOIUrl":"https://doi.org/10.1093/HE/9780198823193.003.0007","url":null,"abstract":"The role of a student or practitioner in the dispute resolution (or litigation) department is to assist in the procedural and theoretical aspects of a client’s case. These latter aspects can include consideration of matters that can determine where an action proceeds and whether it is capable of proceeding. This chapter deals with issues that may be considered either before seeing a client on a new matter, at the first meeting, or, more commonly, after receiving detailed instructions and reflecting on the overall issues in the case. It considers jurisdiction and governing law; the capacity to sue or be sued; limitation; the legal components of an action; and remedies.","PeriodicalId":132473,"journal":{"name":"Civil Litigation 2019-2020","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132475942","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-08-01DOI: 10.1093/HE/9780198823193.003.0008
Susan Cunningham-Hill, K. Elder
This chapter considers Protocol practice in general, the aims of Protocol, the basic content of all Protocols, and the Practice Direction on Pre-Action Conduct (PDPAC). It looks at the consequences of non-compliance with Protocol or the PDPAC. It discusses the occasions on which it may be appropriate to issue proceedings without complying with Protocol practice, and some pre-action applications that may be made under the Civil Procedure Rules. It also provides a more detailed look at two Pre-Action Protocols—the Personal Injury Protocol and the Construction and Engineering Protocol.
{"title":"8. Pre-Action Protocols","authors":"Susan Cunningham-Hill, K. Elder","doi":"10.1093/HE/9780198823193.003.0008","DOIUrl":"https://doi.org/10.1093/HE/9780198823193.003.0008","url":null,"abstract":"This chapter considers Protocol practice in general, the aims of Protocol, the basic content of all Protocols, and the Practice Direction on Pre-Action Conduct (PDPAC). It looks at the consequences of non-compliance with Protocol or the PDPAC. It discusses the occasions on which it may be appropriate to issue proceedings without complying with Protocol practice, and some pre-action applications that may be made under the Civil Procedure Rules. It also provides a more detailed look at two Pre-Action Protocols—the Personal Injury Protocol and the Construction and Engineering Protocol.","PeriodicalId":132473,"journal":{"name":"Civil Litigation 2019-2020","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127672437","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-08-01DOI: 10.1093/HE/9780198715870.003.0561
Susan Cunningham-Hill, K. Elder
This chapter considers the options open to a defendant faced with a claim against him. It covers the emotional responses of the defendant, as well as the defendant’s pre-action position. It discusses the way in which a defendant may fund the litigation. It details the essential steps needed to respond to a claim; the substantive responses to the action; and tactical responses to the claim.
{"title":"10. Defending a Claim","authors":"Susan Cunningham-Hill, K. Elder","doi":"10.1093/HE/9780198715870.003.0561","DOIUrl":"https://doi.org/10.1093/HE/9780198715870.003.0561","url":null,"abstract":"This chapter considers the options open to a defendant faced with a claim against him. It covers the emotional responses of the defendant, as well as the defendant’s pre-action position. It discusses the way in which a defendant may fund the litigation. It details the essential steps needed to respond to a claim; the substantive responses to the action; and tactical responses to the claim.","PeriodicalId":132473,"journal":{"name":"Civil Litigation 2019-2020","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132203238","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-08-01DOI: 10.1093/he/9780198823193.003.0005
Susan Cunningham-Hill, K. Elder
This chapter deals with the methods by which the Civil Procedure Rules (CPR) encourage parties to settle their disputes at an early stage and, ultimately, without proceeding trial. It also looks at the methods of dispute resolution that may be available. The chapter includes a detailed look at the most common dispute resolution methods. Further, it covers the different types of alternative dispute resolution (ADR); the integration of ADR into the CPR; the philosophy of ADR; and a detailed look at mediation.
{"title":"5. Alternative Dispute Resolution","authors":"Susan Cunningham-Hill, K. Elder","doi":"10.1093/he/9780198823193.003.0005","DOIUrl":"https://doi.org/10.1093/he/9780198823193.003.0005","url":null,"abstract":"This chapter deals with the methods by which the Civil Procedure Rules (CPR) encourage parties to settle their disputes at an early stage and, ultimately, without proceeding trial. It also looks at the methods of dispute resolution that may be available. The chapter includes a detailed look at the most common dispute resolution methods. Further, it covers the different types of alternative dispute resolution (ADR); the integration of ADR into the CPR; the philosophy of ADR; and a detailed look at mediation.","PeriodicalId":132473,"journal":{"name":"Civil Litigation 2019-2020","volume":"360 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127582783","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-08-01DOI: 10.1093/HE/9780198823193.003.0018
Susan Cunningham-Hill, K. Elder
This chapter focuses on the role of experts in civil actions. It considers when expert support is needed—whether as part of the evidence submitted in the action or as part of the advice sought to prepare the client’s case or perhaps for both situations. It discusses the role that the expert will take in both of the situations identified; when permission of the court is needed to engage and submit expert evidence in the action; the need to provide a cost estimate of using an expert and the costs consequences for the client in engaging expert evidence; the management and suitable direction of steps taken in advising clients and proceeding with an action to meet the court’s overall discretion to control the evidence; and the important matters to consider in engaging an expert and in managing several experts in a case.
{"title":"18. Experts and Expert Evidence","authors":"Susan Cunningham-Hill, K. Elder","doi":"10.1093/HE/9780198823193.003.0018","DOIUrl":"https://doi.org/10.1093/HE/9780198823193.003.0018","url":null,"abstract":"This chapter focuses on the role of experts in civil actions. It considers when expert support is needed—whether as part of the evidence submitted in the action or as part of the advice sought to prepare the client’s case or perhaps for both situations. It discusses the role that the expert will take in both of the situations identified; when permission of the court is needed to engage and submit expert evidence in the action; the need to provide a cost estimate of using an expert and the costs consequences for the client in engaging expert evidence; the management and suitable direction of steps taken in advising clients and proceeding with an action to meet the court’s overall discretion to control the evidence; and the important matters to consider in engaging an expert and in managing several experts in a case.","PeriodicalId":132473,"journal":{"name":"Civil Litigation 2019-2020","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125553574","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2014-07-01DOI: 10.1093/HE/9780198787655.003.0003
Susan Cunningham-Hill, K. Elder
Legal representatives are obliged to give clients the best information possible about the likely costs of pursuing and ultimately resolving disputes, and to discuss with the client the best way of funding the action. This funding advice is inextricably linked to a legal representative’s professional conduct duties highlighted in the Handbook. This chapter focuses on the information clients need to know about costs in accordance with the Handbook’s Principles and its Chapter 1 on Client Care in the Code, as well as the different types of funding options available that may or may not be offered to a client. This chapter considers important recent changes in the application of costs and funding options in litigation.
{"title":"3. Costs Information to the Client and Funding Options","authors":"Susan Cunningham-Hill, K. Elder","doi":"10.1093/HE/9780198787655.003.0003","DOIUrl":"https://doi.org/10.1093/HE/9780198787655.003.0003","url":null,"abstract":"Legal representatives are obliged to give clients the best information possible about the likely costs of pursuing and ultimately resolving disputes, and to discuss with the client the best way of funding the action. This funding advice is inextricably linked to a legal representative’s professional conduct duties highlighted in the Handbook. This chapter focuses on the information clients need to know about costs in accordance with the Handbook’s Principles and its Chapter 1 on Client Care in the Code, as well as the different types of funding options available that may or may not be offered to a client. This chapter considers important recent changes in the application of costs and funding options in litigation.","PeriodicalId":132473,"journal":{"name":"Civil Litigation 2019-2020","volume":"265 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134609373","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2014-07-01DOI: 10.1093/HE/9780198823193.003.0020
Susan Cunningham-Hill, K. Elder
This chapter focuses on the practical considerations and procedures involved in assessing costs once the litigation is concluded. The client must understand that, despite receiving a costs order in his favour, agreeing a liability to pay, or being ordered to pay costs, if the amount of costs cannot be agreed between the parties, then further proceedings and costs are incurred before a resolution is secured. The chapter covers detailed assessments of costs. It discusses the procedures for the assessment of costs and costs-only proceedings.
{"title":"20. Assessment of Costs Proceedings","authors":"Susan Cunningham-Hill, K. Elder","doi":"10.1093/HE/9780198823193.003.0020","DOIUrl":"https://doi.org/10.1093/HE/9780198823193.003.0020","url":null,"abstract":"This chapter focuses on the practical considerations and procedures involved in assessing costs once the litigation is concluded. The client must understand that, despite receiving a costs order in his favour, agreeing a liability to pay, or being ordered to pay costs, if the amount of costs cannot be agreed between the parties, then further proceedings and costs are incurred before a resolution is secured. The chapter covers detailed assessments of costs. It discusses the procedures for the assessment of costs and costs-only proceedings.","PeriodicalId":132473,"journal":{"name":"Civil Litigation 2019-2020","volume":"82 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132756324","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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