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Table of Contents
Intro; Preface; Contents Overview; Contents; About the Author; Materials Abbreviated; 1 Introduction; 1.1 Overview; 1.2 The Three Paths of Justice; 1.3 The Woolf Reforms; 1.4 The Jackson Changes (2013); 1.5 Four Enduring Features of the English Process; 1.6 Six Phases of Court Proceedings; 1.7 Concluding Remarks; 2 Principles and Transnational Dimensions; 2.1 Introduction; 2.2 The Four Aims of Civil Justice; 2.3 American Law Institute/UNIDROIT Project (2000-2006); 2.4 European Convention on Human Rights; 2.5 European Statutory Changes; 2.6 The EU Ban on Anti-suit Injunctions
2.7 European Account Preservation Order2.8 Cross-Border Mediation Within the EU; 2.9 Competition Law and Civil Procedure; 2.10 Concluding Remarks; 3 First Instance Proceedings; 3.1 Introduction; 3.2 Case and Costs Management and Sanctions; 3.3 Accelerated Relief in General; 3.4 Interim Payments; 3.5 Interim Injunctions; 3.6 Default Judgments; 3.7 Preliminary Issues; 3.8 Summary Judgment; 3.9 Striking Out Claims or Defences; 3.10 Disclosure; 3.11 Pre-action Disclosure; 3.12 Disclosure Against Non-parties; 3.13 Party to Party Disclosure in General; 3.14 Restriction on Use of Disclosed Material
3.15 Privileges in General3.16 Legal Advice Privilege; 3.17 Litigation Privilege; 3.18 Experts; 3.19 The 'Single, Joint Expert' System; 3.20 Party-Appointed Experts; 3.21 Trial; 4 Appeals and Finality; 4.1 Appeals; 4.2 Res Judicata and Finality; 5 Costs and Funding; 5.1 Introduction; 5.2 The Costs-Shifting Rule; 5.3 Qualified One Way Costs Shifting; 5.4 Standard and Indemnity Costs; 5.5 Criteria for Awarding Indemnity Costs; 5.6 Costs Budgets; 5.7 Costs Capping and Protective Costs Orders; 5.8 Machinery for Determining Costs; 5.9 Settlement Offers; 5.10 Non-parties and Costs
5.11 Third Party Funding5.12 Wasted Costs Orders; 5.13 Conditional Fee Agreements; 5.14 Damages-Based Agreements; 5.15 Security for Costs; 6 Enforcement of Court Judgments and Orders; 6.1 Money Judgments; 6.2 Injunctions and Other Non-money Judgments; 7 Protective Relief; 7.1 Introduction; 7.2 Freezing Relief; 7.3 Notification Orders; 7.4 Civil Search Orders; 7.5 Civil Orders for Custody of Passports; 8 Multi-party Litigation; 8.1 Introduction; 8.2 The Test Case Mechanism; 8.3 Consolidation and Joinder; 8.4 Group Litigation Orders; 8.5 Representative Proceedings
8.6 UK Class Litigation in Competition Law8.7 Conclusion; 9 International Commercial Arbitration; 9.1 Introduction; 9.2 Main Features of English Arbitration Law; 9.3 Choosing Arbitration; 9.4 Arbitration's Allure; 9.5 The Arbitration System's Warts; 9.6 Appointment Invitations; 9.7 Arbitration Agreements; 9.8 Commencement; 9.9 Confidentiality; 9.10 Conduct of the Proceedings; 9.11 Speed, Efficiency, and Discipline; 9.12 Hearings; 9.13 Giving of Awards; 9.14 Challenges to Awards; 9.15 Enforcing Awards; 9.16 Enhancing the Arbitral Infrastructure; 9.17 Conclusion; 10 Mediation in England
2.7 European Account Preservation Order2.8 Cross-Border Mediation Within the EU; 2.9 Competition Law and Civil Procedure; 2.10 Concluding Remarks; 3 First Instance Proceedings; 3.1 Introduction; 3.2 Case and Costs Management and Sanctions; 3.3 Accelerated Relief in General; 3.4 Interim Payments; 3.5 Interim Injunctions; 3.6 Default Judgments; 3.7 Preliminary Issues; 3.8 Summary Judgment; 3.9 Striking Out Claims or Defences; 3.10 Disclosure; 3.11 Pre-action Disclosure; 3.12 Disclosure Against Non-parties; 3.13 Party to Party Disclosure in General; 3.14 Restriction on Use of Disclosed Material
3.15 Privileges in General3.16 Legal Advice Privilege; 3.17 Litigation Privilege; 3.18 Experts; 3.19 The 'Single, Joint Expert' System; 3.20 Party-Appointed Experts; 3.21 Trial; 4 Appeals and Finality; 4.1 Appeals; 4.2 Res Judicata and Finality; 5 Costs and Funding; 5.1 Introduction; 5.2 The Costs-Shifting Rule; 5.3 Qualified One Way Costs Shifting; 5.4 Standard and Indemnity Costs; 5.5 Criteria for Awarding Indemnity Costs; 5.6 Costs Budgets; 5.7 Costs Capping and Protective Costs Orders; 5.8 Machinery for Determining Costs; 5.9 Settlement Offers; 5.10 Non-parties and Costs
5.11 Third Party Funding5.12 Wasted Costs Orders; 5.13 Conditional Fee Agreements; 5.14 Damages-Based Agreements; 5.15 Security for Costs; 6 Enforcement of Court Judgments and Orders; 6.1 Money Judgments; 6.2 Injunctions and Other Non-money Judgments; 7 Protective Relief; 7.1 Introduction; 7.2 Freezing Relief; 7.3 Notification Orders; 7.4 Civil Search Orders; 7.5 Civil Orders for Custody of Passports; 8 Multi-party Litigation; 8.1 Introduction; 8.2 The Test Case Mechanism; 8.3 Consolidation and Joinder; 8.4 Group Litigation Orders; 8.5 Representative Proceedings
8.6 UK Class Litigation in Competition Law8.7 Conclusion; 9 International Commercial Arbitration; 9.1 Introduction; 9.2 Main Features of English Arbitration Law; 9.3 Choosing Arbitration; 9.4 Arbitration's Allure; 9.5 The Arbitration System's Warts; 9.6 Appointment Invitations; 9.7 Arbitration Agreements; 9.8 Commencement; 9.9 Confidentiality; 9.10 Conduct of the Proceedings; 9.11 Speed, Efficiency, and Discipline; 9.12 Hearings; 9.13 Giving of Awards; 9.14 Challenges to Awards; 9.15 Enforcing Awards; 9.16 Enhancing the Arbitral Infrastructure; 9.17 Conclusion; 10 Mediation in England