"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 necessary knowledge to enable them successfully to navigate their way through these stages. The text has a user-friendly structure and includes useful checklists and specimen documents which build up into a case study forming a useful overview of the civil litigation process. The appendices incorporate flow diagrams and copies of the more common court forms used in civil litigation.This new edition has been revised to include when a claim is 'brought' within the limitation period; expanded coverage on claiming interest; an introduction to case analysis in the case study; the new Part 36 with up to date examples and new flowcharts; the provisions concerning partnerships in the CPR 1998; correctly drafting a claim form; calculating time periods; telephone interim hearings; further examples of disclosure documents and hearsay evidence; problems with expert evidence; and a new flowchart on the standard basis assessment of costs.
Recent case law developments have also been added, including St Helens Metropolitan BC v Barnes  EWCA Civ 1372; Rogers v Merthyr Tydfil CBC  EWCA 1134; Lindsay v Wood  EWHC 2895; Thomas v Home Office  EWCA Civ 1355; Keen Phillips (a firm) v Field  EWCA Civ 1524; Atos Consulting Ltd v Avis Plc (No 2)  EWHC 323; Secretary of State for Transport v Pell Frischmann Consultants Ltd  EWHC 2756; Fifield v Denton Hall Legal Services  EWCA Civ 169; Toth v Jarman  EWCA Civ 1028; Stallwood v David  EWCH 2600; Childs v Vernon  EWCA Civ 305; and Haji-Ioannou v Frangos  EWCA Civ 1663.
Table of Contents
Introduction to Civil LitigationConsiderations at the First Interview and Funding the ClaimEarly ActionCommencing ProceedingsResponding to Proceedings and Judgment in DefaultStatements of CaseAdditional Proceedings and Part 8 ClaimsCase Management and Allocation of CasesApplications to the CourtDisclosure and Inspection of Documents - CPR 1998, Part 31EvidenceSettlementFinal Preparations for Trial, Trial and Assessment of CostsEnforcement of Money JudgementsAlternative Dispute ResolutionAppendicesCourt Forms and ProtocolsDocumentsFlow DiagramsCase Study Documents
Kevin Browne is an Associate Professor and Margaret Catlow a Senior Lecturer at The College of Law in London. Together they have 22 years' experience of teaching on the Legal Practice Course. Prior to joining the College they gained extensive experience in private practice as litigators