Overview

"Every barrister needs to have a real working knowledge of how civil cases are conducted in practice. Solicitors, clients and the judiciary expect Counsel to be fully conversant with all features of civil procedure. This manual, therefore, deals with the practice and procedure followed in the civil courts, and also considers the principles on which the courts act in some detail. However, successful litigators need to have a great deal more than theoretical knowledge. Consequently, this maunal also concentrates on the practical considerations involved in the conduct of litigation. The whole range of civil procedure is covered, from the commencement of proceedings, through the various interlocutory stages, to the trial, judgment and any possible appeal. Not only are the essential, such as discovery, directions, civil evidence and costs covered, but also some more specialized topics, such as Mareva injunctions, Anton Piller orders and service outside the jurisdiction. This edition has been substantially revised and brought up to date with a full treatment of the Civil Evidence Act 1995, together with important case law developments, such as the Court of Appeal's decisions in ""Forward vs Sussex County Council"" (1995) on service, ""Fitzgerald vs Williams"" (1996) on security for costs, and the numerous recent decisions on automatic striking out under CCR Order 17, rule 11(9)."

Full Product Details

Author:   Inns of Court School of Law
Publisher:   Oxford University Press
Imprint:   Blackstone Press Ltd
Edition:   2nd edition
ISBN:  

9781854315748

ISBN 10:   1854315749
Pages:   360
Publication Date:   01 October 1996
Audience:   College/higher education ,  Professional and scholarly ,  Undergraduate ,  Postgraduate, Research & Scholarly
Replaced By:   9781854316783
Format:   Paperback
Publisher's Status:   Active
Availability:   To order  
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

Table of Contents

Introduction: outline of the usual steps in a case; choosing the appropriate court; some general concepts. Part 1 Commencement in the County Court: types of proceedings; commencing actions; commencing matters. Part 2 High Court writ action procedure: the writ; road traffic cases; acknowledgment of service; pleadings; ordinary service; questions. Part 3 Originating summons procedure: form of the originating summons; issue and service; affidavit evidence; the hearing of the summons. Part 4 Parties and joinder: parties; joinder; representative actions; representative of unascertained interested persons; consolidation; intervening; interpleader. Part 5 Third-party proceedings: scope of third-party proceedings; contribution notice; the third-party notice; issue and service; directions; inter-relation with main action; the hearing; costs; questions. Part 6 Interlocutory applications: evidence; ex parte applications; inter partes applications; interlocutory injunctions. Part 7 Judgment in default of intention to defend: High Court; writ returned undelivered; judgment in default in the County Court - CCR Ord. 9; setting aside default judgment. Part 8 Service outside the jurisdiction: service with leave; service without leave; submission to the jurisdiction; service abroad; period of validity; originating summonses, petitions and originating notices of motion; objecting to service abroad; judgment in default; questions. Part 9 Summary judgment. Part 10 Interim payments and provisional damages. Part 11 Interlocutory injunctions. Part 12 Mareva injunctions. Part 13 Anton Piller orders. Part 14 Discovery and inspection of documents. Part 15 Directions. Part 16 Discovery orders other than general discovery of documents. Part 17 Interrogatories. Part 18 Limitation and amendment. Part 19 Renewal of proceedings. Part 20 Striking out, dismissal, intention to proceed, stays and discontinuance. Part 21 Payment into court. Part 22 Security for costs. Part 23 Notices to admit and to produce. Part 24 Setting down for trial. Part 25 Expert evidence. Part 26 Exchange of witnesses' statements. Part 27 Hearsay in civil cases. Part 28 Trial. Part 29 References to the European Court. Part 30 Costs and legal aid. Part 31 Judgments. Part 32 Enforcement. Part 33 Appeals.

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