English Civil Procedure: Fundamentals of the New Civil Justice System

Hardcover | September 18, 2003

byNeil Andrews

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This is a systematic and analytical account of the new system of civil procedure and justice in England and Wales. The book is both comprehensive and detailed, focusing in particular on the fundamental principles that underlie the post-Woolf system. These include the principles set out in theWoolf reforms themselves, principles relating to civil justice derived from the Human Rights Act and ECHR, and older common law principles that continue to apply. This book will provide a much-needed commentary to the Civil Procedure Rules.

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This is a systematic and analytical account of the new system of civil procedure and justice in England and Wales. The book is both comprehensive and detailed, focusing in particular on the fundamental principles that underlie the post-Woolf system. These include the principles set out in theWoolf reforms themselves, principles relatin...

Neil Andrews is Director of Studies in Law and Fellow at Clare College, Cambridge, and is also a qualified barrister. He specializes in civil procedure and has written widely on the subject.

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Format:HardcoverDimensions:1182 pages, 9.69 × 6.73 × 2.52 inPublished:September 18, 2003Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199244251

ISBN - 13:9780199244256

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Table of Contents

Foreword by Lord WoolfPart I: Fundamentals1. Sources and Scope of Civil Procedure2. Main Pillars of the Woolf Reforms3. Principles in General4. Guarantees Concerning the Court's Composition5. Guarantees Concerning the Court's Conduct6. Leading Procedural Principles7. Article 6(1) and Human Rights8. The Wider Framework of Civil Justice9. Access to JusticePart II: Commencement10. Commencement, Service, and Pleadings11. Parties, Set-off, Part 20 Claims (including Counterclaims) and Contribution12. Limitation of ActionsPart III: Judicial Control of the Process13. Case-Management and Judicial Discretion14. Sanctions against Procedural Non-Compliance15. Avoidance of Excessive Delay16. Abuse of ProcessPart IV: Protective and Interim Relief and Judicial Disposal Without Trial17. Freezing Injunctions and Search Orders18. Interim Payments and InjunctionsPart V: Accelerated or Abbreviated Justice19. Default Judgments20. Summary Judgment21. Striking Out Claims or Defences22. The Small Claims JurisdictionPart VI: Settlement23. The Settlement Process24. Part 36 Payments and Offers to Settle25. Settlement Negotiations and Privilege: 'Without Prejudice' Communications and Conciliation PrivilegePart VII: Access to Information: Disclosure and Evidence26. Disclosure27. Legal Professional Privilege28. Inadvertent Disclosure of Privileged Material29. Privilege Against Self-incrimination30. Public Interest Immunity31. Evidence in General32. Expert Evidence33. Foreign Aspects of EvidencePart VIII: Trial and Costs34. Trial35. Conditional Fees and Funding36. Costs: General Features37. Special Costs Orders: Security for Costs, Non-party Costs Orders, and Wasted CostsPart IX: Post-Judgment: Appeals, Enforcement and Finality38. Appeals39. Enforcement40. Finality in Civil Proceedings: Claim and Issue Preclusion (Res Judicata) and Related DoctrinesPart X: Specific Procedures41. Multi-Party Proceedings42. Applications for Judicial Review: Procedural Aspects43. Transnational Civil Procedure

Editorial Reviews

"Neil Andrews has produced an excellent book examining the new code of civil procedure introduced as a result of Lord Woolf's Herculean efforts. It will be of immense benefit to both academics and practitioners." Ross Cranston QC, MP