Overview

Complex civil litigation has become more common in line with a growing number of causes of complexity in society such as increased regulation, sophisticated corporate transactions, advanced technology, globalisation and mass consumption. The solution to the expansive tendencies of complex civil litigation, with its deleterious impact on cost and timeliness, is case management. The purpose of Case Management and Complex Civil Litigation is to examine the case management tools available to the modern-day judge for dealing with crucial aspects of complex civil litigation, such as pleadings, discovery, expert evidence, alternative dispute resolution, summary judgment and the separate question procedure. The text also addresses the role of the overriding or overarching purpose with its command that civil litigation is to be conducted in a manner which achieves justice while minimising cost and delay as this has major significance for complex cases. The text considers the use of costs and sanctions as a way in which to encourage and enforce compliance with civil procedure requirements in complex litigation. Concerns voiced about case management, such as ensuring procedural fairness, are examined. Greatly expanded since its first edition, the author's detailed consideration of the history and rationale for case management principles and rules as well as the most current and significant judicial pronouncements on them, make this book a valuable and highly practical resource for all those involved in commencing, or running, complex litigation, as well as a must-have reference for those adjudicating such disputes. It will also warrant careful consideration by parties contemplating lodging an appeal in relation to such adjudications.

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9781760024000

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