The fourth edition of Costs & Funding following the Civil Justice Reforms: Questions & Answers. Depending on which format of the White Book 2018 you choose, your free copy will be delivered in the same format: it will be published in print and as an eBook using the award-winning ProView app.
The 94th CPR Update brought into force changes principally to the Civil Recovery Proceedings Practice Direction as a result of amendments made to the Proceeds of Crime Act 2002 (POCA) by the Policing and Crime Act 2009, the Crime and Courts Act 2013 and the Criminal Finances Act 2017. These changes came into force generally on 7 February 2018. Other amendments were made to Practice Directions 8A, 59, 60, 66, 75 and Business & Property Courts
All updates to the Civil Procedure Rules published in the 2017 Supplements, up to and including the Civil Procedure (Amendment No.2) Rules 2017 (SI 2017/889) and the 92nd and 93rd CPR Updates.
Volume 1
Part 1 (Overriding Objective) includes a new section on judicial bias and recusal.
Part 3 (The Court’s Case & Costs Management Powers) – the commentary has been extensively rewritten and edited, in particular on Rule 3.9 (Relief from sanctions), which has been made substantially shorter than in previous editions given that, following the Court of Appeal decision in Denton v TH White Ltd [2014] EWCA Civ 906. [2014 1 W.L.R. 3296, case law on this rule has now substantially reduced. and on Rules 3.12 to 3.18, which cover Section II of Pt 3 (Costs management). These rules are Part 3’s new growth area for important new case authorities and the commentary now includes an overview in the form of a ten point summary explaining the main steps to be taken and identifying the rules and sub-rules governing these steps.
Part 30 (Transfer) - updated to include commentary on the transfer of cases in the Business & Property Courts
Part 44 (General Rules About Costs) – commentary on Rule 44.2 (Court’s Discretion as to Costs) has been revised to incorporate commentary from Rule 44x.3 (as it stood pre-April 1, 2013), in particular that relating to Conduct of Parties and Types of Costs Orders.
Part 52 (Appeals) includes new guidance on scope of ‘appellant’ and appeal where a witness wishes to challenge adverse comment in judgment from In Re W (A Child) (Care Proceedings: Non Party Appeal) [2016] EWCA Civ 1140. [2017] 1 W.L.R. 2415 and clarification of the test for permission to appeal where appeal seeks to challenge findings of fact: The Mayor and Burgesses of the London Borough of Haringey v Ahmed & Ahmed [2017] EWCA Civ 1861.
Awards of Interest – the topic of Interest has been drawn together from various Parts and Sections in the book and a new section created. Cross-references to it will be included in other relevant Parts, such as Parts 7, 12, 14, 36 and 40. Commentary on Interest on Costs stays in Part 44.
Volume 1 contains the core materials needed for practising in the civil courts – County Court, High Court and the Court of Appeal. It is principally devoted to the Civil Procedure Rules (CPR), Practice Directions and Pre-Action Protocols, together with substantial and comprehensive expert commentary.
Section A – Full text of the Civil Procedure Rules (and Practice Directions) plus commentary
Section B – Miscellaneous Practice Directions & Guidance