Details
Zuckerman on Civil Procedure presents a clear and thematic analysis of litigation under the Civil Procedure Rules. It explains how the court interprets and applies the Rules, how judges exercise their extensive case management powers and how this impacts the conduct of litigation. Throughout, the emphasis is placed on bringing out the principles that govern the exercise of judicial discretion in order to help judges and practitioners deal with difficult problems that arise in the course of litigation. It helps practitioners understand the relationship between individual Rules and general principles; it complements the White Book and other civil procedure manuals; explains the significance of leading cases and provides critical commentary; highlights current trends in judicial thinking; draws attention to inconsistencies in judicial approach to process and to problems that are likely to be encountered in practice; suggests solutions to debatable questions in areas such as service, legal professional privilege, compliance with time limits, and costs; comments on recent developments; and supplies authoritative analysis – the previous editions have been cited in numerous cases at all court levels.
The new 4th edition is authored by Professor Adrian Zuckerman assisted by a team of editors under the direction of Juliet Wells, including Professor Stuart Sime and Dr John Sorabji. It has been extensively restructured and revised, with an expanded chapter on case management and party compliance, and a new chapter on committal proceedings and other enforcement processes, and is updated to take account of new legislation, case law and recent reviews into the workings of civil justice:
- The Criminal Justice and Courts Act 2015 (which provides for dismissal of personal injury claims in cases of fundamental dishonesty, a new ‘different outcome’ test in applications for judicial review, and costs-capping orders in judicial review claims.
- The Consumer Rights Act 2015, together with the Competition Appeal Tribunal Rules 2015, which provide for a new scheme of opt-in or opt-out class actions before the Competition Appeal Tribunal.
- The Disclosure Pilot in the Business and Property Courts.
- Revisions to the CPR, including Parts 36, 39 and 52.
- Amendments to various specialist court guides (including the Chancery Guide, Commercial Court Guide, and QBD Guide).
Fully updated to take account of new case law since the last edition, including:
- Denton v TH White Ltd [2014] EWCA Civ 906
- Tchenguiz v Director of the Serious Fraud Office [2014] EWCA Civ 1129
- Coventry v Lawrence [2015] UKSC 50
- Broadhurst v Tan [2016] EWCA Civ 94, Bird v Acorn Group Ltd [2016] EWCA Civ 1096, and Qader v Esure Services Ltd [2016] EWCA Civ 1109
- R (Haralambous) v St Albans Crown Court [2018] UKSC 1
- Barton v Wright Hassall LLP [2018] UKSC 12: on the proper approach to applications under CPR r.6.15(2)
- Belhaj v Director of Public Prosecutions [2018] UKSC 33
- Cameron v Liverpool Victoria Insurance Co Ltd [2019] UKSC 6
- Cape Intermediate Holdings Ltd v Dring [2019] UKSC 38
- Jet 2 Holidays Ltd v Hughes [2019] EWCA Civ 1858
- R (on the application of Jet2.com Ltd) v Civil Aviation Authority [2020] EWCA Civ 35
1. The overriding objective of the new Civil Procedure Rules
2. The right to fair trial
3. Commencement of proceedings
4. Service
5. Defendant’s acknowledgement of service, admission and challenge to the jurisdiction
6. Statements of case – defining the controversy
7. The application procedure
8. Disposal without trial
9. Interim Remedies – injunctions, interim payment, security for costs
10. Court management and party compliance
11. Procedural tracks
12. Joining claims and parties
13. Discontinuance and stays
14. Disclosure
15. Legal professional privilege
16. Without prejudice communications
17. The privilege against self incrimination
18. Public interest immunity
19. Witness statements
20. Experts and assessors
21. Trial and evidence
22. Judgment and orders
23. Appeal
24. Finality of litigation
25. Obtaining protection from costs by CPR 36 and offers to settle
26. Costs
Adrian Zuckerman is a professor of civil procedure at the University of Oxford. His works have been quoted in the virtually all the courts of England and Wales and in the superior courts of several commonwealth countries, such as Australia and Canada. He has influenced some of the key recommendation put forward by Sir Rupert Jackson in the Review of Civil Litigation Costs
“A work of careful scholarship, written by one who has vast experience in this highly specialist field.”
Sir Henry Brooke, former Lord Justice of Appeal
