Lucilla Macgregor, Charlotte Peacey, Georgina Ridsdale
{"title":"5. Alternative Dispute Resolution","authors":"Lucilla Macgregor, Charlotte Peacey, Georgina Ridsdale","doi":"10.1093/he/9780198858447.003.0005","DOIUrl":"https://doi.org/10.1093/he/9780198858447.003.0005","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":163174,"journal":{"name":"Civil Litigation 2020-2021","volume":"54 4","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131688032","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}
Lucilla Macgregor, Charlotte Peacey, Georgina Ridsdale
{"title":"14. Interim Applications—Common Types","authors":"Lucilla Macgregor, Charlotte Peacey, Georgina Ridsdale","doi":"10.1093/he/9780198858447.003.0014","DOIUrl":"https://doi.org/10.1093/he/9780198858447.003.0014","url":null,"abstract":"This chapter considers the interim applications that a legal representative may most often come across in practice. It looks at the procedure for the specific interim application. Then it discusses the form of the evidence needed to make or oppose it. The interim applications considered here include an application to set aside default judgment; summary judgment; interim payment; an application for specific disclosure; an application for security for costs; and an application for an injunction.","PeriodicalId":163174,"journal":{"name":"Civil Litigation 2020-2021","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130733186","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}
Lucilla Macgregor, Charlotte Peacey, Georgina Ridsdale
{"title":"7. Pre-Action Substantive Matters","authors":"Lucilla Macgregor, Charlotte Peacey, Georgina Ridsdale","doi":"10.1093/he/9780198858447.003.0007","DOIUrl":"https://doi.org/10.1093/he/9780198858447.003.0007","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":163174,"journal":{"name":"Civil Litigation 2020-2021","volume":"96 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121583372","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}
Lucilla Macgregor, Charlotte Peacey, Georgina Ridsdale
{"title":"18. Experts and Expert Evidence","authors":"Lucilla Macgregor, Charlotte Peacey, Georgina Ridsdale","doi":"10.1093/he/9780198858447.003.0018","DOIUrl":"https://doi.org/10.1093/he/9780198858447.003.0018","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":163174,"journal":{"name":"Civil Litigation 2020-2021","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115767804","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}
Lucilla Macgregor, Charlotte Peacey, Georgina Ridsdale
{"title":"19. Trial, Settlement, and Appeals","authors":"Lucilla Macgregor, Charlotte Peacey, Georgina Ridsdale","doi":"10.1093/he/9780198858447.003.0019","DOIUrl":"https://doi.org/10.1093/he/9780198858447.003.0019","url":null,"abstract":"Although a large percentage of civil cases are settled well in advance of trial, it remains important for legal representatives look to the possibility of running a case to trial. This chapter focuses on fast-track and multi-track cases that proceed to trial. It covers professional conduct issues; procedural and administrative preparation for trial; the day of the trial; judgment and appeals. It also discusses settlement without trial.","PeriodicalId":163174,"journal":{"name":"Civil Litigation 2020-2021","volume":"126 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115710014","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}
Lucilla Macgregor, Charlotte Peacey, Georgina Ridsdale
{"title":"17. Witness Statements and Documentary Evidence","authors":"Lucilla Macgregor, Charlotte Peacey, Georgina Ridsdale","doi":"10.1093/he/9780198858447.003.0017","DOIUrl":"https://doi.org/10.1093/he/9780198858447.003.0017","url":null,"abstract":"Cases can readily be won or lost on the strength of witness evidence at trial. Important applications may fail if a witness statement does not adequately deal with all of the issues. A legal representative, therefore, must understand both the underlying theory behind the use of witness evidence and documentation during the course of litigation, including the rules on hearsay, and the practical requirements and challenges encountered in the preparation of witness statements. This chapter discusses the use of evidence at trial; the preparation of witness statements for interim applications and at trial; the use of hearsay in civil cases; and evidential tools.","PeriodicalId":163174,"journal":{"name":"Civil Litigation 2020-2021","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133561435","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}
Lucilla Macgregor, Charlotte Peacey, Georgina Ridsdale
{"title":"9. Starting Your Court Action and Serving It on the Defendant","authors":"Lucilla Macgregor, Charlotte Peacey, Georgina Ridsdale","doi":"10.1093/he/9780198858447.003.0009","DOIUrl":"https://doi.org/10.1093/he/9780198858447.003.0009","url":null,"abstract":"This chapter deals with the procedural steps, considerations, and issues that need to be addressed when commencing proceedings. These include the ‘tracks’ created by the Civil Procedure Rules (the small claims track, the fast track, and the multi-track). It details the documents needed to issue proceedings. These include parties and joinder and service provisions.","PeriodicalId":163174,"journal":{"name":"Civil Litigation 2020-2021","volume":"11 14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116819888","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}
Lucilla Macgregor, Charlotte Peacey, Georgina Ridsdale
{"title":"16. Disclosure and Inspection","authors":"Lucilla Macgregor, Charlotte Peacey, Georgina Ridsdale","doi":"10.1093/he/9780198858447.003.0016","DOIUrl":"https://doi.org/10.1093/he/9780198858447.003.0016","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":163174,"journal":{"name":"Civil Litigation 2020-2021","volume":"64 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131668751","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}
Lucilla Macgregor, Charlotte Peacey, Georgina Ridsdale
{"title":"11. Drafting Statements of Case","authors":"Lucilla Macgregor, Charlotte Peacey, Georgina Ridsdale","doi":"10.1093/he/9780198858447.003.0011","DOIUrl":"https://doi.org/10.1093/he/9780198858447.003.0011","url":null,"abstract":"Legal representatives will draft many statements of case in order to produce accurate, relevant, and compelling formal court documents. This chapter provides key formulae to help those new to practice produce competent statements of case. It explains the purpose of a statement of case and the standard requirements of a statement of case. It also discusses the particulars of claim; the defence; additional claims; the reply; the Part 18 request for further information; and amendments to statements of case.","PeriodicalId":163174,"journal":{"name":"Civil Litigation 2020-2021","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131375647","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}
Lucilla Macgregor, Charlotte Peacey, Georgina Ridsdale
{"title":"6. The First Client Meeting and Initial Considerations","authors":"Lucilla Macgregor, Charlotte Peacey, Georgina Ridsdale","doi":"10.1093/he/9780198858447.003.0006","DOIUrl":"https://doi.org/10.1093/he/9780198858447.003.0006","url":null,"abstract":"Legal representatives who are new to practice are expected initially to assist in clients’ cases and ultimately to handle their own files. In every new matter for every client, their professional conduct duties, particularly client care issues, should be at the forefront of their mind as a legal representative before proceeding to undertake any work for the client. This chapter focuses on professional conduct issues; client care; money laundering requirements; the first meeting with the client; and initial investigations. The chapter includes details of the Consumer Contracts Regulations 2013 and a range of applicable examples.","PeriodicalId":163174,"journal":{"name":"Civil Litigation 2020-2021","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126663581","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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