A Practical Approach to Civil Procedure

2021 ◽  
Author(s):  
Stuart Sime
Keyword(s):  
Road Traffic ◽  
Case Law ◽  
Civil Procedure ◽  
Civil Litigation ◽  
Practical Approach ◽  
Small Claim ◽  
Key Points ◽  
Rule Changes ◽  
Summary Judgment ◽  
Civil Courts

A Practical Approach to Civil Procedure guides the reader through the procedural requirements employed in the civil courts. The volume provides an overview of the key statutory provisions, rules, practice directions, and case law which govern the various stages of a civil litigation claim. Providing practical guidance, the text charts the progress of a typical civil litigation claim, from funding litigation, the importance of alternative dispute resolution processes, issuing and serving proceedings, case management, and through to trial, enforcement, and appeal. Relevant sample documentation is featured throughout and introduces the forms and documents which will be encountered in practice, while key points summaries featured at the end of chapters highlight the essential points covered. This edition has been revised to incorporate rule changes up to the Civil Procedure (Amendment No 2) Rules 2021 and the 129th Update. Changes incorporated into the new edition include: Pre-action protocol for small claim road traffic accident cases and the new PD 27B; procedural aspects of the tariff system for whiplash injuries under the Civil Liability Act 2018; recent case law on service of claim forms and particulars of claim; revised rules on costs management; changes to the rules on statements of truth; revisions to the chapter on summary judgment, including the cheque rule and the approach taken in summary judgment applications for discretionary remedies; replacement PD 51U on disclosure of documents in the Business and Property Courts; case law developments on legal professional privilege and without prejudice privilege; developments on search orders, and case law on imaging orders; further guidance on remote hearings; and debt respite procedures.

A Practical Approach to Civil Procedure

2016 ◽  
Author(s):  
Stuart Sime
Keyword(s):  
Fast Track ◽  
Case Law ◽  
Civil Procedure ◽  
Civil Litigation ◽  
Practical Approach ◽  
Fixed Costs ◽  
Key Points ◽  
Rule Changes ◽  
Civil Courts ◽  
County Courts

A Practical Approach to Civil Procedureguides the reader through the procedural requirements employed in the civil courts. The volume provides an overview of the key statutory provisions, rules, practice directions, and case law which govern the various stages of a civil litigation claim. Providing practical guidance, the text charts the progress of a typical civil litigation claim, from funding litigation and issuing and serving proceedings, through to trial, enforcement, and appeal. Full coverage of alternative dispute resolution is also included. Relevant sample documentation is featured throughout and introduces the forms and documents which will be encountered in practice, while key points summaries featured at the end of chapters highlight the essential points covered. This edition has been revised to incorporate rule changes up to the Civil Procedure (Amendment No 4) Rules 2014 and the 71st Update. Changes incorporated into the new edition include the replacement of county courts based on districts with a single County Court; the modernization of the rules relating to enforcing judgments against goods; fixed costs in most fast track personal injury claims; changes to the rules on costs budgeting; and the post-Jackson approach to non-compliance with court orders and directions encapsulated in the landmark case ofMitchell v News Group Newspapers.

A Practical Approach to Civil Procedure

2017 ◽  
Author(s):  
Stuart Sime
Keyword(s):  
Fast Track ◽  
Case Law ◽  
Civil Procedure ◽  
Civil Litigation ◽  
Practical Approach ◽  
Fixed Costs ◽  
Key Points ◽  
Rule Changes ◽  
Civil Courts ◽  
County Courts

A Practical Approach to Civil Procedure guides the reader through the procedural requirements employed in the civil courts. The volume provides an overview of the key statutory provisions, rules, practice directions, and case law which govern the various stages of a civil litigation claim. Providing practical guidance, the text charts the progress of a typical civil litigation claim, from funding litigation and issuing and serving proceedings, through to trial, enforcement, and appeal. Full coverage of alternative dispute resolution is also included. Relevant sample documentation is featured throughout and introduces the forms and documents which will be encountered in practice, while key points summaries featured at the end of chapters highlight the essential points covered. This edition has been revised to incorporate rule changes up to the Civil Procedure (Amendment No 4) Rules 2014 and the 71st Update. Changes incorporated into the new edition include the replacement of county courts based on districts with a single County Court; the modernization of the rules relating to enforcing judgments against goods; fixed costs in most fast track personal injury claims; changes to the rules on costs budgeting; and the post-Jackson approach to non-compliance with court orders and directions encapsulated in the landmark case of Mitchell v News Group Newspapers.

A Practical Approach to Civil Procedure

2018 ◽  
Author(s):  
Stuart Sime
Keyword(s):  
Case Law ◽  
Civil Procedure ◽  
Civil Litigation ◽  
Practical Approach ◽  
Court Cases ◽  
Financial Condition ◽  
Key Points ◽  
Rule Changes ◽  
The Many ◽  
Civil Courts

A Practical Approach to Civil Procedure guides the reader through the procedural requirements employed in the civil courts. The volume provides an overview of the key statutory provisions, rules, practice directions, and case law which govern the various stages of a civil litigation claim. Providing practical guidance, the text charts the progress of a typical civil litigation claim, from funding litigation and issuing and serving proceedings, through to trial, enforcement, and appeal. Full coverage of alternative dispute resolution is also included. Relevant sample documentation is featured throughout and introduces the forms and documents which will be encountered in practice, while key points summaries featured at the end of chapters highlight the essential points covered. This edition has been revised to incorporate rule changes up to the Civil Procedure (Amendment) Rules 2018 and the 95th Update. Changes incorporated into the new edition include the introduction of the Business and Property Courts and the Online Court, together with the replacement of the Mercantile Court with the Circuit Commercial Court. Among the many recent cases incorporated into the text are the important Supreme Court cases of Barton v Wright Hassall LLP on alternative service and on how the CPR apply to litigants in person, and Goldtrail Travel Ltd v Onur Air Tasimacilik SA on companies seeking to establish an inability to meet a financial condition, which is relevant in a number of areas, including security for costs and appeals.

A Practical Approach to Civil Procedure

2020 ◽  
Author(s):  
Stuart Sime
Keyword(s):  
Supreme Court Decision ◽  
Hague Convention ◽  
Case Law ◽  
Civil Procedure ◽  
Civil Litigation ◽  
Practical Approach ◽  
Key Points ◽  
Rule Changes ◽  
The Hague Convention ◽  
Civil Courts

A Practical Approach to Civil Procedure guides the reader through the procedural requirements employed in the civil courts. The volume provides an overview of the key statutory provisions, rules, practice directions, and case law which govern the various stages of a civil litigation claim. Providing practical guidance, the text charts the progress of a typical civil litigation claim, from funding litigation and issuing and serving proceedings, through to trial, enforcement, and appeal. Full coverage of alternative dispute resolution is also included. Relevant sample documentation is featured throughout and introduces the forms and documents which will be encountered in practice, while key points summaries featured at the end of chapters highlight the essential points covered. This edition has been revised to incorporate rule changes up to the Civil Procedure (Amendment) Rules 2020 and the 117th Update. Changes incorporated into the new edition include changes to civil procedure brought about by Brexit, a fuller treatment of the Hague Convention 2005, and a new chapter on remote hearings. Case law developments include the Supreme Court decision on the court's inherent jurisdiction in Dring v Cape Intermediate Holdings Ltd, Lomax v Lomax on compulsory reference to early neutral evaluation, and various cases on quia timet injunctions and qualified one-way costs shifting.

A Practical Approach to Civil Procedure

2019 ◽  
Author(s):  
Stuart Sime
Keyword(s):  
Traditional Approach ◽  
Supreme Court Decision ◽  
Civil Procedure ◽  
Civil Litigation ◽  
Practical Approach ◽  
Key Points ◽  
Rule Changes ◽  
The Many ◽  
Default Judgment ◽  
Civil Courts

A Practical Approach to Civil Procedure guides the reader through the procedural requirements employed in the civil courts. The volume provides an overview of the key statutory provisions, rules, practice directions, and case law which govern the various stages of a civil litigation claim. Providing practical guidance, the text charts the progress of a typical civil litigation claim, from funding litigation and issuing and serving proceedings, through to trial, enforcement, and appeal. Full coverage of alternative dispute resolution is also included. Relevant sample documentation is featured throughout and introduces the forms and documents which will be encountered in practice, while key points summaries featured at the end of chapters highlight the essential points covered. This edition has been revised to incorporate rule changes up to the Civil Procedure (Amendment) Rules 2019 and the 105th Update. Changes incorporated into the new edition include the pilot scheme for disclosure of documents in the Business and Property Courts. Among the many recent cases incorporated into the text are MacDonald v D & F Contracts Ltd which marks a departure from the traditional approach on whether it is possible to enter a default judgment after late filing of the defence; a number of cases on enforcing the undertakings in damages given in interim injunction applications, costs management and qualified one-way costs shifting, and Supreme Court decision on service against unnamed defendants in Cameron v Liverpool Insurance.

15. The civil process

2020 ◽  
pp. 554-604
Author(s):  
Steve Wilson ◽  
Helen Rutherford ◽  
Tony Storey ◽  
Natalie Wortley ◽  
Birju Kotecha
Keyword(s):  
Case Management ◽  
Civil Procedure ◽  
Civil Litigation ◽  
General Introduction ◽  
Basic Principles ◽  
High Court ◽  
Civil Process ◽  
Civil Court ◽  
History Of ◽  
Civil Courts

This chapter is a general introduction to civil litigation and the civil courts. It describes the process by which a civil claim is dealt with in the County Court or in the High Court. It provides an overview of the major case management powers possessed by the civil courts and discusses how these powers must be exercised to further the overriding objective of the Civil Procedure Rules 1998 (as amended) to deal with matters justly and at proportionate cost. A brief history of the development of the civil court rules is included and the Woolf and Jackson Reports are discussed. Some of the basic principles of civil evidence are discusses and the methods of enforcement of civil judgments are set out.

15. The civil process

2018 ◽  
Author(s):  
Steve Wilson ◽  
Helen Rutherford ◽  
Tony Storey ◽  
Natalie Wortley
Keyword(s):  
Case Management ◽  
Civil Procedure ◽  
Civil Litigation ◽  
General Introduction ◽  
Basic Principles ◽  
High Court ◽  
Civil Process ◽  
Civil Court ◽  
History Of ◽  
Civil Courts

This chapter is a general introduction to civil litigation and the civil courts. It describes the process by which a civil claim is dealt with in the County Court or in the High Court. It provides an overview of the major case management powers possessed by the civil courts and discusses how these powers must be exercised to further the overriding objective of the Civil Procedure Rules 1998 (as amended) to deal with matters justly and at proportionate cost. A brief history of the development of the civil court rules is included. Some of the basic principles of civil evidence are discusses and the methods of enforcement of civil judgments are set out.

Road Traffic Nuisance in Slovenia: State Liability for Non-pecuniary Damage

2018 ◽  
Vol 43 (2) ◽  
pp. 174-196
Author(s):  
Damjan Možina
Keyword(s):  
Road Traffic ◽  
Case Law ◽  
The State ◽  
Protection Measures ◽  
Limit Values ◽  
The Public ◽  
Healthy Environment ◽  
State Liability ◽  
Civil Courts ◽  
Fair Balance

This paper presents and critically analyses the case law of the Slovenian courts with regard to mass individual claims against the state due to nuisance from public roads and railroads. The courts have largely upheld these claims. In awarding monetary compensation for non-pecuniary loss, they have considered the fundamental right to a healthy environment to be a personality right. Moreover, they have held that the state is under a guarantee-like obligation towards the population in that noise arising from public roads and railways will not exceed the limit levels set by the Regulation on Limit Values of Environmental Noise Indicators. As a consequence, new mass claims are being filed, exposing the state to considerable liability. The author considers the approach taken by the civil courts in Slovenia to be misguided on several levels. A fair balance between should be sought public and individual interests. Upholding claims in full by individuals who did nothing to mitigate noise is inappropriate. The problem would be better dealt with by way of regulating noise protection; compensation by way of analogy to (partial) expropriation in the public interest should only be sought if noise protection measures are ineffective or disproportionate.

Undang-Undang Tatacara Mal Mahkamah Syariah – Prinsip dan Amalan

2018 ◽  
Vol 6 (3) ◽  
Author(s):  
Hasnizam Hashim ◽  
Norman Zakiyy
Keyword(s):  
Undergraduate Students ◽  
Civil Procedure ◽  
Civil Litigation ◽  
Degree Programme ◽  
Civil Case ◽  
Double Degree ◽  
The Subject ◽  
Civil Courts

In principle, civil procedure consists of court rules with the overriding purpose of enabling the court to process a civil case right from the process of commencement of action to its disposal in an efficient and expeditious manner. At this point in time, however, there is a scarcity of publications in Malaysia on the subject of civil procedure (tatacara mal) of the Shariah courts. In comparison, there are sufficient texts on the subject of civil procedure of the civil courts and also on the substantive aspects of Syariah laws. Such a situation demands serious attention especially when Syarie lawyers and undergraduate students enrolled for courses relating to Syariah or Law (or a double-degree programme of Syariah and Law) are in need of a book on civil procedure in the Syariah Court that incorporates the substantive aspects of civil litigation and drafting skills.

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