Civil Procedure

Blackstone's Civil Practice 2015: The Commentary

Edited by The Rt. Hon. Lord Justice Maurice Ka · , Stuart Sime · Derek French
Oxford University Press February 2015

Specifications

ISBN-13
9780198726203
Publisher
Oxford University Press
Publication
February 2015
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Providing detailed commentary of unrivalled quality on the process of civil litigation, this is the only major civil work to adopt a narrative approach based on the chronology of a claim. Written by a team of expert practitioners and academics, it provides authoritative analysis on the process of civil litigation from commencement of a claim to enforcement of judgments, addressing civil procedure in the county court, the High Court, the Court of Appeal, and the Supreme Court.

The book also considers more specialist areas such as insolvency proceedings, sale of goods, and human rights, providing expert analysis on a comprehensive level. Commentary is combined with the text of the Civil Procedure Rules (CPR), Practice Directions (PD), and Pre-Action Protocols and Procedural Checklists, all fully cross-referenced to the text to ensure ease of use for the busy practitioner. As well as a detailed and user-friendly index the quick-reference guide inside the front cover provides an alternative point of access for those more familiar with the CPR.

You may be interested to know that The Commentary is directly taken from the established full service volume, Blackstone's Civil Practice 2015 which includes the text of the CPR and PD, Pre-Action Protocols, selected legislation, and court fees orders.

Table of Contents

A GENERAL MATTERS
1. The overriding objective and sources of procedural law
2. Court organisation
3. Computing time
4. Remedies

B FUNDING LITIGATION
5. Funding litigation
6. Conditional fee agreements
7. Community Legal Service

C BEFORE COMMENCING A CLAIM
8. Pre-action protocols
9. Notices before action

D COMMENCEMENT
10. Limitation
11. Where to start proceedings
12. Issuing proceedings
13. Part 8 claims
14. Joinder and parties
15. Filing and service
16. Service outside the jurisdiction

E RESPONDING TO A CLAIM
17. Admitting the claim and requesting time to pay
18. Acknowledging service and filing a defence
19. Disputing the court's jurisdiction
20. Default judgment

F SOLICITORS
21. Acting by a solicitor
22. Change of solicitor

G STATEMENTS OF CASE
23. Claim form
24. Particulars of claim
25. Schedule of loss and damage
26. Defending a claim
27. Reply and subsequent statements of case
28. Counterclaims
29. Part 20 claims
30. Further information
31. Amendments to statements of case

H INTERIM APPLICATIONS 32. Applications and interim orders
33. Striking out
34. Summary judgment
35. Possession claims against trespassers
36. Interim payments
37. Interim injunctions
38. Freezing injunctions
39. Search orders
40. Interim delivery up of goods
41. Inspection of property

I CASE MANAGEMENT
42. Case management
43. Costs Management
44. Costs Capping and Costs Protection
45. Small claims
46. Fast track
47. Multi-track
48. Non-compliance, sanctions and relief

J EVIDENCE
49. General law of evidence
50. Disclosure
51. Witness statements
52. Affidavits
53. Hearsay evidence
54. Experts and assessors

K DISCONTINUANCE AND STAYS
55. Discontinuance
56. Stays

L TRIAL
57. Witness summonses
58. Giving evidence without attending court
59. Trial bundles
60. Trial by jury
61. Trial
62. Non-attendance
63. Judgments and orders
64. Interest

M COSTS
65. Solicitor and own client costs
66. Part 36 offers and payments
67. Security for costs
68. Costs orders
69. Qualified One-way costs shifting
70. Fixed costs etc.
71. Assessment of costs

N ALTERNATIVE DISPUTE RESOLUTION
72. Arbitration claims
73. Alternative dispute resolution

O APPEALS, JUDICIAL REVIEW AND EC REFERENCES
74. The appeals system
75. Hearing of appeals
76. Appeals to the House of Lords
77. Judicial review
78. References to the Court of Justice of the European Union

P ENFORCEMENT
79. Enforcement
80. Enforcement of foreign judgments
81. Committal and sequestration

Q INSOLVENCY PROCEEDINGS AND COMPANY MATTERS
82. Winding up and administration of registered companies
83. Bankruptcy
84. Insolvency applications and appeals
85. Applications under the Companies Act and Related Legislation
86. Director Disqualification

R LANDLORD AND TENANT AND POSSESSION PROCEEDINGS
87. Mortgage Possessions

S ANTI-SOCIAL BEHAVIOUR AND HARASSMENT
88. Anti-social behaviour and harassment

T SALE OF GOODS AND CONSUMER CREDIT
89. Sale of goods
90. Unfair contract terms

U HUMAN RIGHTS AND CIVIL PROCEDURE
91. Human rights and civil procedure

V TERMINOLOGY
92. Changes in terminology made by the CPR

APPENDICES
Appendix 1 Civil Procedure Rules 1998 and practice directions
Appendix 2 Pre-action protocols
Appendix 3 Court fees orders
Appendix 4 Selected legislation

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