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Zuckerman on Civil Procedure: Principles of Practice
Zuckerman on Civil Procedure: Principles of Practice
4th Edition
Practice Area:  Dispute Resolution, Litigation
ISBN:  9780414078420
Published by:  Sweet & Maxwell
Publication Date:  31 Dec 2020
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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PRODUCT DESCRIPTION

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

CONTENTS

  • Foreword to the 4th edition by the Rt. Hon. Lord Briggs of Westbourne, Justice of the Supreme Court.
  • 1: The Overriding Objective
  • 2: Rule-Making and Precedent
  • 3: The Right to Fair Trial
  • 4: Commencement of Proceedings
  • 5: Service
  • 6: Defendant’s Response—Acknowledgment of Service, Admissions, and Challenges to Jurisdiction
  • 7: Statements of Case—Pleadings Defining the Controversy
  • 8: The Application Procedure
  • 9: Disposal Without Trial
  • 10: Interim Remedies—Injunctions, Interim Payment, Security for Costs
  • 11: Dispute Management and Party Compliance
  • 12: Procedural Tracks and Schemes
  • 13: Joining Claims and Parties
  • 14: Discontinuance and Stays
  • 15: Disclosure
  • 16: Legal Professional Privilege
  • 17: Without Prejudice Communications
  • 18: The Privilege Against Self-Incrimination
  • 19: The Protection of the Public Interest—Public Interest Immunity and Closed Material Procedure
  • 20: Witness Statements
  • 21: Experts and Assessors
  • 22: Trial and Evidence
  • 23: Judgments and Orders
  • 24: Enforcement
  • 25: Appeal
  • 26: Finality of Litigation
  • 27: Obtaining Protection from Costs by CPR 36 Offers and Other Offers to Settle
  • 28: Costs
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