The chapter is intended for those who need some knowledge of the litigation process in the courts of England and Wales and is not a substitute for specialist advice on any particular dispute. The chapter identifies the essential characteristics of litigation which set it apart from other forms of dispute resolution procedures. The courts and court system are described and the encouragement of the judicial system to explore and narrow the issues in dispute before commencing litigation proceedings is emphasised. All the steps from commencing litigation through to trial are set out with reference to the Civil Procedure Rules. Costs are discussed with reference to funding and award of costs.

CONTENTS

  • 26.1

    Introduction

  • 26.2

    Litigation infrastructure

  • 26.3

    Pre-action conduct and protocols

  • 26.4

    Pre-action protocol for construction and engineering disputes

  • 26.5

    Commencement of proceedings

  • 26.6

    Claim form and statements of case

  • 26.7

    Evidence

  • 26.8

    Disclosure and inspection

  • 26.9

    Costs

  • 26.10

    Enforcement

  • 26.11

    Appeals

  • 26.12

    Pre-trial: checklists and review

  • 26.13

    The trial

  • 26.14

    IT and the Courts

  • References

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