Legal representatives will draft many statements of case in order to produce ac-cur-ate, relevant, and compelling formal court documents. This chapter provides key formulae to help those new to practice produce competent statements of case. It explains the purpose of a statement of case and the standard requirements of a statement of case. It also discusses the particulars of claim; the defence; additional claims; the reply; the Part 18 request for further information; and amendments to statements of case.
This chapter begins with a discussion of civil litigation reform. It focuses on the purpose of civil litigation. The application of the Civil Procedure Rules is detailed. Key features of civil practice in the courts, for example, the computation of time, are discussed. It considers the concept of the overriding objective and human rights and civil litigation.
This chapter considers the options open to a defendant faced with a claim against him. It covers the emotional responses of the defendant, as well as the defendant’s pre-action position. It discusses the way in which a defendant may fund the litigation. It details the essential steps needed to respond to a claim; the substantive responses to the action; and tactical responses to the claim.
This chapter deals with the procedural steps, considerations, and issues that need to be addressed when commencing proceedings. These include the ‘tracks’ created by the Civil Procedure Rules (the small claims track, the fast track, and the multi-track). It details the documents needed to issue proceedings. These include parties and joinder and service provisions.
Although a large percentage of civil cases are settled well in advance of trial, it remains important for legal representatives look to the possibility of running a case to trial. This chapter focuses on fast-track and multi-track cases that proceed to trial. It covers professional conduct issues; procedural and administrative preparation for trial; the day of the trial; judgment and appeals. It also discusses settlement without trial.
The role of a student or practitioner in the dispute resolution (or litigation) department is to assist in the procedural and theoretical aspects of a client’s case. These latter aspects can include consideration of matters that can determine where an action proceeds and whether it is capable of proceeding. This chapter deals with issues that may be considered either before seeing a client on a new matter, at the first meeting, or, more commonly, after receiving detailed instructions and reflecting on the overall issues in the case. It considers jurisdiction and governing law; the capacity to sue or be sued; limitation; the legal components of an action; and remedies.
This chapter considers Protocol practice in general, the aims of Protocol, the basic content of all Protocols, and the Practice Direction on Pre-Action Conduct (PDPAC). It looks at the consequences of non-compliance with Protocol or the PDPAC. It discusses the occasions on which it may be appropriate to issue proceedings without complying with Protocol practice, and some pre-action applications that may be made under the Civil Procedure Rules. It also provides a more detailed look at two Pre-Action Protocols—the Personal Injury Protocol and the Construction and Engineering Protocol.
Legal representatives who are new to practice are expected initially to assist in clients’ cases and ultimately to handle their own files. In every new matter for every client, their professional conduct duties, particularly client care issues, should be at the forefront of their mind as a legal representative before proceeding to undertake any work for the client. This chapter focuses on professional conduct issues; client care; money laundering requirements; the first meeting with the client; and initial investigations. The chapter includes details of the Consumer Contracts Regulations 2013 and a range of applicable examples.
This chapter considers the way in which the court ‘actively manages’ cases. All disputed cases are subject to a level of court management and enforcement of its directions orders. The chapter provides an understanding of the time at which active case management commonly occurs. It explains the ethos of case management, allocation (to track), and case management directions through the tracks. It discusses the ways in which the court will seek to ensure that its orders for the management of a case are complied with.
Legal representatives are obliged to give clients the best information possible about the likely costs of pursuing and ultimately resolving disputes, and to discuss with the client the best way of funding the action. This funding advice is inextricably linked to a legal representative’s professional conduct duties highlighted in the Handbook. This chapter focuses on the information clients need to know about costs in accordance with the Handbook’s Principles and its Chapter 1 on Client Care in the Code, as well as the different types of funding options available that may or may not be offered to a client. The chapter considers important recent changes in the application of costs and funding options in litigation.
