A Practical Approach to Effective Litigation
Series: A Practical Approach;
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Product details:
- Edition number 8
- Publisher OUP Oxford
- Date of Publication 5 March 2015
- ISBN 9780198715948
- Binding Paperback
- No. of pages630 pages
- Size 244x170x32 mm
- Weight 1062 g
- Language English 0
Categories
Short description:
This assessment of the key skills needed to handle a case bridges the Civil Procedure Rules and the reality of case management, explaining the rationale of civil litigation. An overview of the litigation process advises on complying with procedure, using evidence, and how to ensure you are taking account of the rules on funding and costs.
MoreLong description:
This book analyses the key skills that a lawyer needs to handle a case effectively, a topic that is not covered coherently in any other book. At a time of rapid and wide-ranging change in the delivery of legal services, the current edition involves a complete reworking of the last edition to take into account the implications of the implementation of the Jackson Review, and to see effective litigation clearly in the context of concerns about funding, case management by the court, costs, and the growing use of alternative dispute resolution.
The book has a strong focus on the needs of the legal practitioner, the decisions to be taken at each stage of a case, and the criteria to apply in making those decisions. This is all securely based in references to relevant Civil Procedure Rules and decided cases, with checklists and commentary to assist in the project management of a case.
The book also focuses on the skills a lawyer needs to work effectively. This includes skills in dealing with a client, drafting legal documents, and presenting a case in court. Throughout the work the emphasis is on demonstrating how to use law effectively, how to develop a case, and how to present persuasive arguments.
Lawyers operate in an increasingly complex environment, faced with challenges in funding a case, in managing a case to avoid sanctions, and in using complex rules to best effect. The author addresses the use of legal knowledge and skills within this rapidly changing context, bearing in mind not least that the pace of change is likely to continue with the developing use of IT, and the widening use of alternative business structures.
In putting together skills and law in a fully up-to-date context, A Practical Approach to Effective Litigation brings together the sound knowledge of the law and the legal skills an experienced litigator will use to get the best results for clients in a real-world context. It will be of use to anyone in the early years of legal practice, experienced solicitors who have had limited involvement with civil litigation, and those training to be a barrister or solicitor.
Table of Contents:
The growing focus on 'Effective' Litigation
An Overview of the Litigation Process
Dispute Management and Alternative Dispute Resolution Options
Legal Practitioners and the developing Professional Context
Advising a Client and Taking Instructions
Financing Litigation
Establishing and Analysing Facts
Making best use of relevant Law
Defining Issues
Joining the right Parties
Legal Letters and Opinions
Drafting Statements of Case
Pursuing Appropriate Remedies
Defending an Action
Track Allocation and Directions
Active Case Management and the use of Sanctions
Costs Management and Budgeting
Evidence, Disclosure and Witness Statements
The potential roles of Experts
Procedural Rules as Practical Tools
Managing Risk and Cost Benefit Assessment
Settling a Case and Part 36 offers
Preparing a Case for trial and drafting Skeleton Arguments
Presenting a Case in Court
Costs Orders and Costs Shifting
Enforcing a Judgment
Challenging a Judgment
Your Practice
