13. Interim Applications—General Considerations

An interim application is any application made to the court that requires a judicial decision. This is usually in the time between a case being issued and the final trial or determination of the action. This chapter considers the nature of interim applications. It discusses the interim applications made with and without notice, and those made with and without a hearing. It also explains common procedure and time estimates.

5. Alternative Dispute Resolution

This chapter deals with the methods by which the Civil Procedure Rules (CPR) encourage parties to settle their disputes at an early stage and, ultimately, without proceeding trial. It also looks at the methods of dispute resolution that may be available. The chapter includes a detailed look at the most common dispute resolution methods. Further, it covers the different types of alternative dispute resolution (ADR); the integration of ADR into the CPR; the philosophy of ADR; and a detailed look at mediation.

4. The Nature, Extent, and Recovery of Legal Costs

This chapter focuses on the control and recovery of costs. Topics covered include the discretionary nature of costs awards, the general principle that the loser pays, how the court controls costs incurred, the basis upon which costs orders are made. In addition, the aspects of a legal representative’s work that are recoverable and how they are formulated, as well as the different types of costs order, are explained. This chapter also considers and helps to identify the changes or amendments that may be implemented in the future regarding the amount and recovery of costs in civil litigation.

20. Assessment of Costs Proceedings

This chapter focuses on the practical considerations and procedures involved in assessing costs once the litigation is concluded. The client must understand that, despite receiving a costs order in his favour, agreeing a liability to pay, or being ordered to pay costs, if the amount of costs cannot be agreed between the parties, then further proceedings and costs are incurred before a resolution is secured. The chapter covers detailed assessments of costs. It discusses the procedures for the assessment of costs and costs-only proceedings.

18. Experts and Expert Evidence

This chapter focuses on the role of experts in civil actions. It considers when expert support is needed—whether as part of the evidence submitted in the action or as part of the advice sought to prepare the client’s case or perhaps for both situations. It discusses the role that the expert will take in both of the situations identified; when permission of the court is needed to engage and submit expert evidence in the action; the need to provide a cost estimate of using an expert and the costs consequences for the client in engaging expert evidence; the management and suitable direction of steps taken in advising clients and proceeding with an action to meet the court’s overall discretion to control the evidence; and the important matters to consider in engaging an expert and in managing several experts in a case.

17. Witness Statements and Documentary Evidence

Cases can readily be won or lost on the strength of witness evidence at trial. Important applications may fail if a witness statement does not adequately deal with all of the issues. A legal representative, therefore, must understand both the underlying theory behind the use of witness evidence and documentation during the course of litigation, including the rules on hearsay, and the practical requirements and challenges encountered in the preparation of witness statements. This chapter discusses the use of evidence at trial; the preparation of witness statements for interim applications and at trial; the use of hearsay in civil cases; and evidential tools.

14. Interim Applications—Common Types

This chapter considers the interim applications that a legal representative may most often come across in practice. It looks at the procedure for the specific interim application. Then it discusses the form of the evidence needed to make or oppose it. The interim applications considered here include an application to set aside default judgment; summary judgment; interim payment; an application for specific disclosure; an application for security for costs; and an application for an injunction.

12. Case Management

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.

9. Starting Your Court Action and Serving It on the Defendant

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.

8. Pre-Action Protocols

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.