A Practical Approach to Effective Litigation

Buch | Softcover

630 Seiten

2015 | 8th Revised edition
Oxford University Press (Verlag)
978-0-19-871594-8 (ISBN)

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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.

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.

Professor Susan Blake is Associate Dean at City Law School, City University London. She worked at the Bar for 3 years, in civil and family practice. She was Programme Director of the Bar Vocational Course in its early years, and has more recently developed LLM provision. She is co-author of A Practical Approach to ADR and The Jackson ADR Handbook, both published by Oxford University Press.

1. The growing focus on 'Effective' Litigation ; 2. An Overview of the Litigation Process ; 3. Dispute Management and Alternative Dispute Resolution Options ; 4. Legal Practitioners and the developing Professional Context ; 5. Advising a Client and Taking Instructions ; 6. Financing Litigation ; 7. Establishing and Analysing Facts ; 8. Making best use of relevant Law ; 9. Defining Issues ; 10. Joining the right Parties ; 11. Legal Letters and Opinions ; 12. Drafting Statements of Case ; 13. Pursuing Appropriate Remedies ; 14. Defending an Action ; 15. Track Allocation and Directions ; 16. Active Case Management and the use of Sanctions ; 17. Costs Management and Budgeting ; 18. Evidence, Disclosure and Witness Statements ; 19. The potential roles of Experts ; 20. Procedural Rules as Practical Tools ; 21. Managing Risk and Cost Benefit Assessment ; 22. Settling a Case and Part 36 offers ; 23. Preparing a Case for trial and drafting Skeleton Arguments ; 24. Presenting a Case in Court ; 25. Costs Orders and Costs Shifting ; 26. Enforcing a Judgment ; 27. Challenging a Judgment ; 27. Your Practice

Reihe/Serie	A Practical Approach
Verlagsort	Oxford
Sprache	englisch
Maße	170 x 244 mm
Gewicht	1062 g
Themenwelt	Recht / Steuern ► EU / Internationales Recht
	Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Berufs-/Gebührenrecht
	Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Zivilverfahrensrecht
ISBN-10	0-19-871594-3 / 0198715943
ISBN-13	978-0-19-871594-8 / 9780198715948
Zustand	Neuware