Advanced civil litigation (professional negligence) in practice

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Bibliographic Information

Advanced civil litigation (professional negligence) in practice

Inns of Court School of Law, Institute of Law, City University, London

Oxford University Press, c2004

2nd ed

Other Title

Advanced civil litigation in practice

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Note

Previous ed.: 2001

Includes index

Description and Table of Contents

Description

This manual is designed to accompany the optional module of Advanced Civil Litigation on the Bar Vocational Course and is aimed at students who intend to practice in civil common law chambers. It can however, also be a useful resource for legal practitioners. This manual uses professional negligence as a vehicle for examining the practical application of the rules and conventions of the civil justice system in the preparation and conduct of litigation. Particular emphasis is placed upon clinical negligence and solicitors' negligence actions. The manual gives the student an understanding of how a civil case can be most effectively prepared and presented within the context of both types of negligence. The updated content ranges from an introduction to substantive law, identifying issues in a case, drafting claims, expert and non-expert evidence in cases and alternative approaches to settling disputes.

Table of Contents

  • Table of Cases
  • Table of Statutes
  • Table of Statutory Instruments
  • INTRODUCTION AND SUBSTANTIVE LAW
  • 1. Introduction
  • 2. Clinical Negligence
  • 3. Solicitors' Negligence
  • 4. Other Professional Negligence Claims
  • 5. The Impact of the Human Rights Act 1998
  • CONDUCT AND MANAGEMENT PROCEEDINGS
  • 6. An Overview of Procedure
  • 7. Early Identification of the Issues
  • 8. Court Control
  • DRAFTING STATEMENTS OF CASE
  • 9. Drafting Professional Negligence Particulars of Claim
  • 10. Drafting Professional Negligence Defences
  • EVIDENCE
  • 11. Non-expert Evidence in Clinical Negligence Cases
  • 12. Expert Evidence in Clinical Negligence Cases
  • 13. Evidence in Solicitors' Negligence Cases
  • THE PRACTICAL CONTEXT
  • 14. Who's Who in Professional Negligence Claims
  • 15. Funding Professional Negligence Claims
  • 16. Alternative Approaches to Settling Disputes
  • APPENDIX 1
  • Practice Direction - Protocols
  • APPENDIX 2
  • Pre-action Protocol for Personal Injury Claims
  • APPENDIX 3
  • Pre-action Protocol for the Resolution of Clinical Disputes
  • APPENDIX 4
  • Professional Negligence Pre-action Protocol (draft)
  • APPENDIX 5
  • Pre action Protocol for Claims against Solicitors
  • APPENDIX 6
  • Code of Guidance for Experts (draft)
  • APPENDIX 7
  • Clinical Negligence Practice Direction (draft)
  • Index

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