Civil Evidence for Practitioners

• the CPR and case management mean ever more emphasis on avoiding waste of costs - in turn meaning that practitioners must focus clearly on the evidence that is necessary for the case and no more, as well as its weight;
• the increasing importance of written advocacy in pre-action bundles, with assessment and exposition of evidence critical;
• the advent of conditional fee agreements means accurate assessment of the risks inherent in bringing a case becomes of paramount importance to the financial success of the lawyer.

This is a hands-on textbook for civil litigation professionals. Not only does it explain in clear language the complex rules and procedures on evidence, but it also shows how the busy practitioner can apply the knowledge of this subject in terms of strategy and tactics to maximum effect in the pre-trial and pre-mediation process.

This edition starts by teaching effective case analysis strategies in order to ensure that full investigation of the evidence is carried out prior to proceedings or mediation.

It deals will offensive and defensive tactics at pre-action stage, especially in the disclosure of electronically stored information.

The book also shows how evidence (as fact and law) affects how we draft pleadings, how proportionate post-commencement disclosure is to be achieved (and the effect of the new Practice Direction 3B: Disclosure of Electronic Documents), how to use evidence to prepare effective witness statements for interim applications, how to deal with expert evidence, how to use evidence persuasively in drafting skeleton arguments and how to prepare cases properly for trial.

This book poses the questions that practitioners want to ask and then answers them in an authoritative and conversational style.

Contents

1. Effective Case Analysis & Pre-Action Investigation
2. Negotiation & Mediation - The Without Prejudice Rule
3. Pleadings – Evidential Implications
4. Disclosure I: Electronic Disclosure
5. Disclosure II: Disclosure & Privilege
6. Disclosure III: Offensive & Defensive Strategies
7. Interim Applications – Skeleton Arguments & Supporting Evidence
8. Expert Evidence & the Evidential Directions for Trial
9. Preparations for Trial: Drafting Witness Statements for Exchange
10. Preparations for Trial: the Civil Evidence Act 1995
11. Preparations for Trial: Notices to Admit and to Produce
12. Preparations for Trial: Preparing and Agreeing Bundles of Documents
13. Preparations for Trial: Witness Summons & Video Link Procedures
14. Preparations for Trial: Effective Management of the Evidence
15. The Trial

Appendix A: Statutes
Appendix B: Rules of Court

About the Author

Peter Hibbert is an experienced teacher of law, and prior to taking up his appointment at Central Law was a co-founder of Central Law Training, now one of the leading providers of post qualification training and accreditation for professionals working in the legal sector.

Readership: litigators of all levels.

Online Subscriptions

These publications are available as an online service. The annual subscription price includes three online supplements, additional material and author webcast presentations on the most recent judgments and rulings. Subscribers will automatically be sent online updates as they become available throughout the year, providing users with the very latest information on new case law. These updates will be sent directly to registered users and can be viewed on a PC or handheld device as and when new material becomes available.

Individual and Small Practice (1-10 users): £120.00
Corporate (10> users): £300.00