Litigation

Conflicts of Interest provides authoritative guidance on the law relating to conflics of interest in all its dimensions, from client conflict and personal conflict to commercial and judicial conflict.

The new 4th edition:

  • Offers expanded coverage of judicial conflicts in response to a variety and frequency of modern day judicial challenges.
  • Includes a new chapter covering arbitration conflicts which covers the increasing issue that arbitrators and barristers may practice from the same chambers and increasingly appear as judge and advocate in the same case
  • Updated coverage for chapters on fiduciary duties and litigating conflicts
  • Includes the new code of conduct from the Solicitors’ Regulation Authority

The new 4th edition also offer a selection of new case law, including:

  • BAA v Competition Commission
  • Helow v Secretary of State for the Home Department
  • Khan v R and KC v R.
  • Porter v Magill
  • Virgin Media Communications v BSkyB, where the Court of Appeal had frustratingly announced their decision but not their reasons at the time last edition went to press (and the reasons turned out a little different from what had been anticipated)
  • Bloomsbury v Holyoake (insolvency practitioners conflicted as a result of firm’s retainer to a person the administrators sued) Meat Corp of Namibia v Dawn Meats (expert witness conflict) and from abroad PCCW HK Telephone v Aitken (Hong Kong CFA, applicability of Bolkiah test in other spheres)
  • Radisich v Templeton (duty to the other side in New Zealand).

 

Injunctions is a concise and practical guide to the subject of injunctions, with particular emphasis on procedure. The decision to grant or refuse an interim injunction will often be determinative of the whole dispute.

Injunctions:

  • Covers the full range of injunctions in one volume.
  • Provides a concise and practical guide with particular emphasis on explanation of procedure.
  • Sets out what remedies are available and to which situations they are best suited.
  • Covers all matters of jurisdiction and the discretionary powers of different courts.
  • Fully explains the criteria for both permanent and interim injunctions.
  • Gives step-by-step analysis of practice and procedure, covering interim applications, other proceedings (including appeals), freezing injunctions, search orders and contempt of court.
  • Contains a useful collection of official and unofficial precedents.
  • Includes a chapter on matrimonial and domestic proceedings written by Her Honour Judge Isabel Parry.
  • Deals with special cases such as ones dealing with restraint of publications, employment contracts, public law, defendants outside the jurisdiction, restraint of legal proceedings, and discrimination.

Features of the 11th Edition include:

  • Applications to protect privacy
  • Super-injunctions and anonymity orders
  • Recent cases on freezing injunctions
  • Injunctions against gang-related violence and other anti-social behaviour
  • New rules for contempt of court applications
  • Establishes the core principles of legal professional privilege, including its rationale and the nature of the right
  • Examines all aspects of the law of privilege including what constitutes privilege, situations where privilege occurs, the boundaries of privilege and practical examples of what is and is not covered by privilege
  • Takes a practical approach, guiding through the core principles and areas of complexity
  • Sets out how to claim to privilege
  • Looks at the many and complex circumstances in which loss of privilege can occur
  • Takes into account the without prejudice privilege and how it differs from legal professional privilege
  • Looks at advice privilege in relation to client-lawyer relationship, confidential communications and third party communications
  • Discusses litigation privilege in relation to legal proceedings, expert witnesses, witness statements, and criminal proceedings
  • Addresses the general principles underlying the ‘crime-fraud exception’’, how it applies in both civil and criminal proceedings and the grounds on which it can be invoked
  • Deals with the consequences where the subject matter of a privileged communication is one in which two or more persons can establish a joint or common interest
  • Analyses the many key judgments which have established the principles of privilege
  • Provides a comparative law analyses
  • Offers full coverage of extensive new case law Includes enhanced coverage of international cases
  • Provides a thorough and authoritative survey of the costs regime under the Civil Procedure Rules
  • Deals with all areas of civil costs, from the basic principles of entitlement to the practical details of how costs – both non-contentious and contentious – are assessed
  • Explains the new costs legislation and rules following on from the implementation of the Jackson reforms
  • Explains costs management, costs budgeting and costs capping in detail
  • Deals with the new provisions relating to Conditional Fee Agreements (CFAs), Damages Based Agreements (DBAs),the transitional provisions and exceptions and the implications of these changes
  • Covers the introduction of Qualified One Way Costs Shifting, the 10% increase in damages and the changes to Part 36 (an additional amount up to £75,000 where a defendant fails to beat a claimant’s Part 36 offer)
  • Sets out the transitional provisions and in particular the exceptions relating to Mesothelioma, insolvency and publication and privacy proceedings
  • Details the provisions relating to recoverable ATE premiums in negligence cases
  • Provides a wealth of detail and information including the latest cases about all aspects of civil costs

THE STANDARD IN A NON-STANDARD WORLD

No two cases are the same. While your case could go any way and take any path, the one constant is the White Book. Whether you settle, make it to court, go to appeal or further, make sure you do things right. Standard across the legal market, more judges and lawyers use it than anything else. Why? Not only for the latest version of the rules, but also for the commentary provided by those best placed to advise you on what to do, so you can advise your client on what to do.

Available in print, eBook powered by Thomson Reuters ProView and online at Westlaw UK, intelligently connect your civil litigation work with our content, expertise and technologies.

What’s new in the White Book 2015 Service

  • Coverage of forthcoming 2015 Civil Procedure Rule Statutory Instruments and Practice Direction Updates
  • Amendments made by the Civil Procedure (Amendment no. 8) Rules 2014 (SI 3299/2014) and the 78th CPR Update that bring into force a number of important changes on 6 April 2015
  • A substituted version of Part 36 on Offers to Settle. Since the rules were substantially amended in 2007 there has been a large amount of case law in respect of the application of the rules to various aspects of settlement. The changes reflect the case law and aim to simplify the rules as far as possible to make them more accessible to court users, particularly litigants in person. Consequential amendments are made to Parts 37, 44, 45, 47 and 52.
  • A new Part 87 on applications for writ of Habeas Corpus is introduced, part of the ongoing work by the Civil Procedure Rules Committee to transfer the remaining Orders of the Rules of the Supreme Court into the CPR.
    A new Section VI is added to Part 74 on the Enforcement of Judgments in Different Jurisdictions which provides for the recognition and enforcement between courts in England and Wales and courts in other EU member states of protection measures. The 78th CPR Update also brings in amendments to corresponding Practice Directions and Pre-Action Protocols.
  • The 77th CPR Update covers changes to PD7C Production Centre and the Pre-Action Protocol for Low Value Personal Injury Claims
  • Civil Procedure (Amendment no. 7) Rules 2014 (SI 2948/2014) and the 76th CPR Update to the Practice Directions update Parts 6 on Service of Documents and 74 on Enforcement in Different Jurisdictions to achieve consistency with new EU regulations in relation to the recognition and enforcement of judgments as between courts in England and Wales and courts in other EU Member States (the ‘recast’ Judgments Regulation)

The 2015 White Book Service includes up-to-date commentary on significant case law updates:

  • Relief from sanctions (Rule 3.9): Denton v TH White Ltd  following Mitchell v. News Group Newspapers Ltd ; also Durrant v Chief Constable of Avon & Somerset; Thevarajah v Riordan; Chartwell Estate Agents Ltd v Fergies Properties SA; Walsham Chalet Park Ltd v. Tallington Lakes Ltd; Altomart Ltd v Salford Estates; Caliendo v Mishcon de Reya; and R. (Hysaj) v Secretary of State for the Home Department; Disclosure of documents: Smailes v McNally on the sufficiency of the disclosure statement (Rules 31.6, 31.7, 31.9, 31.10); Tchenguiz v Director of Serious Fraud Office (use of disclosed documents in separate proceedings)
  • Application to commit: Smith v Doncaster Metropolitan Borough Council (consequences of coercive element of sentence ceasing to have purpose); Dar al Arkan Real Estate Development Co v Al Refai (liability of company officer for contempt); Otkritie International Investment Management Ltd v Urumov (recusal of judge in contempt application); Inplayer Ltd v Thorogood (finding of contempt quashed because of procedural errors)
  • Costs: Dufoo v Tolaini on the Court’s discretion as to costs under Rule 44.2; Wagenaar v Weekend Travel Ltd on Qualified One-Way Costs Shifting (Rule 44.13); Secretary of State for Communities & Local Government v Venn
  • Appeals: Greenwich Millennium Village Ltd v Essex Services Group plc (Rule 52.3 &52.10) and Tchenguiz v Director of the Serious Fraud Office (Rule 52.2 & 52.4)

The Law and Practice of Compromise provides authoritative guidance on this area, enabling disputing parties to avoid litigation wherever possible and secure their agreement in enforceable form.

  • Provides guidance on the law of compromise from initial procedure to enforcement
  • Deals individually with different types of dispute, including: settlements in Chancery litigation; matrimonial, family and inheritance disputes; serious personal injury claims involving children or patients; employment contract disputes; landlord and tenant, boundary, and construction disputes
  • Sets out the legal foundations of compromise and the essential requirements of a valid compromise
  • Offers guidance and advice as to best practice, including the requirements of professional ethics in various situations
  • Examines the procedure of compromise, its machinery and methods, with particular attention to Part 36 of the CPR

For the Scottish legal practitioner, questions of prescription and limitation arise almost every day and are often of exceptional importance. Yet in all but the simplest case it is far from straightforward to identify precisely:

  • When a right or obligation has been extinguished by negative prescription
  • When it has been fortified by positive prescription
  • When it has been barred by limitation

The terms of the statute that governs most of these questions, the Prescription and Limitation (Scotland) Act 1973, are complex and can be obscure . Practitioners therefore need a close examination of the 1973 Act and its operation in practice. This is the challenge taken up by David Johnston, who has a keen understanding and great practical experience of this area of the law.

  • Fully up to date with all changes brought in by the Civil Procedure Rules and the Criminal Procedure Rules
  • Considers a broad range of case law, including that of the Commonwealth Provides answers for civil and criminal practitioners who have an evidence-related question
  • Explores in detail the differences in gathering and admitting evidence in criminal and civil proceedings
  • Considers the burden and standard of proof Examines evidence taken or served prior to a trial
  • Considers the examination of witnesses
  • Looks at good and bad character Includes analysis of privilege and facts excluded by public policy
  • Examines hearsay in civil and criminal proceedings
  • Analyses the use and admission of opinion and expert evidence
  • Looks at the exclusion and inclusion of extrinsic evidence
  • Examines the judicial discretion to admit or exclude evidence
    • Guides you through the procedure involved in any civil matter
    • Covers all stages of litigation in a logical sequence from pre-action to enforcement and appeals
    • Provides tactical and strategic advice, recommending systems you can put in place Includes examples to help clarify what you need to do
    • Provides references to court forms and relevant rules
    • Refers to the Civil Procedure Rules and the White Book
    • Deals with costs and funding post-Jackson
    • Fully up to date with the latest legislative developments

    Includes coverage of:

    • Qualified One Way Costs Shifting
    • Protocol cases for Employer’s Liability, Public Liability and Personal Injury Claims in Road Traffic
    • Accidents
    • Changes to Part 36 The Directions Questionnaire and Template Directions
    • Costs Budges

This is a fully updated version of the definitive statement of the law and practice of Scotland’s sheriff courts. The new edition has been revised by an expert team, all of whom are highly experienced sheriffs and retains the quality and authority expected from Macphail.