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Litigation Letter

Principles of practice

Zuckerman on Civil Procedure, 2nd edition; Thomson/Sweet & Maxwell

Do not be deterred by the size of the book (1,179 pages), the price (£169) or that it is written by an academic (Professor Adrian Zuckerman of University College, Oxford). This is the book the judges read. In the words of the foreword by Lord Justice Brooke it is ‘already cited in the House of Lords and the Court of Appeal as an authoritative fountain of wisdom’. The preface to the first edition drew attention to a number of areas in which difficulties were being encountered, including service, legal professional privilege, privilege against self-incrimination, certain implications of the European Convention on Human Rights, the exercise of discretion in relation to enforcing compliance with time limits, and costs. Subsequently the book was referred to in court decisions in each of those areas when, with one exception, the court endorsed the view advanced in the book. This new edition is not only equally forthright about contentious areas and current problems, it also provides a practical account and explanation of all aspects of the litigation process, dealing with such matters as issuing proceedings, obtaining a default judgment, applying for permission to appeal, and seeking an interim or a freezing injunction. To ensure its practicality, the work is throughout cross-referenced to the White Book. Adrian Zuckerman had a considerable input into the Access to Justice consultations leading to the introduction of the Civil Procedure Rules 1998; indeed if his paper ‘Prospective Budget Setting’ annexed to the Access to Justice Report had not been rejected by the profession, litigation costs might not be in the mess they are in today Professor Zuckerman continues to be a leading authority on the CPR, his in-depth guidance in areas of uncertainty and confusion being particularly welcomed and respected by the courts and practitioners alike. Having read this new edition ‘from beginning to end’ Lord Justice Brooke described it as ‘a work of careful scholarship, written by one who has vast experience in this highly specialist field’. We concur.

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