基本説明
Presents a clear and thematic analysis of litigation under the Civil Procedure Rules system.
Full Description
Civil Procedureaccount of litigation under the Civil Procedure Rules system. It helps practitioners understand how the courts interpret and apply the Rules, the principles that govern the exercise of judicial discretion, how judges exercise their extensive case management powers and what these mean for the conduct of litigation.* Presents a clear and thematic analysis of the law of civil procedure* Helps practitioners understand the relationship between individual Rules and general principles* Complements The White Bookand other civil procedure manuals* Explains the significance of leading cases* Highlights current trends in judicial thinking* Draws attention to inconsistencies and problems that are likely to be encountered in practice - and suggests solutions* Supplies authoritative analysis - the first edition has been cited in many Court of Appeal cases
Contents
The overriding objective. The legal status of the CPR . The right to fair trial. Commencement of proceedings. Service. Defendant's acknowledgement of service, admission and challenge to the jurisdiction. Statements of case - defining the controversy. The application procedure. Disposal without trial. Interim Remedies - injunctions, interim payment, security for costs. Court management and party compliance. Procedural tracks. Joining claims and parties, including group litigation. Discontinuance and stays. Disclosure. Legal professional privilege. Without prejudice communications. The privilege against self incrimination. Public interest immunity. Witness statements. Experts and assessors. Trial and evidence. Judgment and orders. Appeal. Finality of litigation. Obtaining protection from costs under CPR 36 and offers to settle. Costs.
