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

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

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.

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.

scholarly journals Spory wśród mieszkańców Krakowa o służebności gruntowe miejskie (mur środkowy i prawo widoku). W świetle orzecznictwa sądów cywilnych Wolnego Miasta Krakowa (1815–1846

2021 ◽  
Vol 27 ◽  
pp. 11-65
Author(s):  
Mateusz Mataniak
Keyword(s):  
19Th Century ◽  
Case Law ◽  
Court Cases ◽  
Property Relations ◽  
National Archives ◽  
University Archives ◽  
The Republic ◽  
The 19Th Century ◽  
Civil Courts ◽  
Court Of Appeal

W artykule przedstawiono rozstrzyganie – na drodze sądowej – sporów pomiędzy mieszkańcami Krakowa, w okresie Rzeczypospolitej Krakowskiej (1815–1846), które dotyczyły służebności gruntowych miejskich (mur środkowy, prawo widoku). We wprowadzeniu wskazano na rzymski rodowód służebności, ich najważniejsze podziały (służebności naturalne, ustawowe, umowne) oraz główne sposoby korzystania z nich. W dalszej części artykułu analizie poddano 14 spraw sądowych, toczących się przed sądami Wolnego Miasta Krakowa. Podstawę źródłową stanowiły wyroki Trybunału I Instancji, Sądu Apelacyjnego i Sądu III Instancji, przechowywane w Archiwum Narodowym w Krakowie (zespół Archiwum Wolnego Miasta Krakowa), a także akta z Archiwum Uniwersytetu Jagiellońskiego poświęcone działalności orzeczniczej Wydziału Prawa UJ w latach 1817–1833. W pracy znalazły się liczne dane w przedmiocie stosunków własnościowych w Krakowie. Artykuł stanowi przyczynek do dziejów stosowania prawa francuskiego (Kodeks Napoleona, Kodeks Procedury Cywilnej) na ziemiach polskich w pierwszej połowie XIX w. Disputes among residents of Krakow regarding easements of municipal property (central wall and right to a view). In light of the case law of the civil courts in the Free City of Krakow (1815–1846) The article presents the settlement – in court – of disputes among the residents of Krakow, during the period of the Republic of Krakow (1815–1846), which concerned the easements of municipal property (central wall, right to a view). The introduction shows easements based on Roman rules, their most important divisions (natural, legal and contractual) as well as the ways of using them. Later in the article, there is an analysis of 14 court cases from the Free City of Krakow. The basis for this are the verdicts of the Tribunal of First Instance, the Court of Appeal and the Court of Third Instance, stored in the National Archives in Krakow (Archive of the Free City of Krakow), as well as records from the Jagiellonian University Archives, dedicated to the judicial activities of the Faculty of Law of Jagiellonian University, during the years 1817–1833. The work contains a great deal of information concerning property relations in Krakow. The article represents a contribution to the usage of French law (Napoleonic Code, Code of Civil Procedure ) in Polish land during the first half of the 19th century.

Civil litigation in twentieth century Europe

2007 ◽  
Vol 75 (3) ◽  
pp. 307-319 ◽  
Author(s):  
C. H. van Rhee
Keyword(s):  
Twentieth Century ◽  
Case Management ◽  
Present Article ◽  
Civil Procedure ◽  
Civil Litigation ◽  
New Era ◽  
Starting Point ◽  
History Of ◽  
The Many ◽  
Twentieth Century Europe

AbstractThe present article adresses one of the many topics on which Raoul van Caenegem has focused during his long career: the history of civil procedure. It concentrates on the twentieth century and offers a comparative perspective. The year 1898, in which the influential Austrian Zivilprozessordnung (öZPO) of the 1st of August 1895 took effect, forms the starting point of the article. This Code inaugurated a new era in civil procedure since it introduced a judge with extensive case management powers. The final part of the article discusses the English Civil Procedure Rules, which came into force in 1999. In 1999, even the English judge, who until that time had acted as a mere 'umpire', acquired extensive case management powers. Case management by the judge is now a common European phenomenon.

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.

Tort Law Directions

2018 ◽  
Author(s):  
Vera Bermingham ◽  
Carol Brennan
Keyword(s):  
Human Rights ◽  
Tort Law ◽  
Case Law ◽  
Recent Case ◽  
Legal Knowledge ◽  
Court Cases ◽  
The Core ◽  
Key Points ◽  
Core Areas ◽  
The Subject

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This book covers all the core areas of tort law, combining an engaging approach with plenty of learning features. It provides a detailed introduction to the key principles of tort law, and illustrates the points of law through discussions of important court cases. Key cases are discussed to illustrate the main principles of tort law; they help to bring the subject to life, allowing students to see how the law operates in practice. This new edition of the text includes increased focus on the influence of human rights on tort law. It is fully updated with recent case law highlighting how quickly tort law is developing particularly.

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