First Instance Proceedings

  • Neil Andrews
Conference paper
Part of the Ius Gentium: Comparative Perspectives on Law and Justice book series (IUSGENT, volume 10)


This chapter provides a survey of the full range of proceedings in the first instance of litigation. It addresses five groups of principal topics. (1) The first encompasses initial measures that already produce tangible results and that sometimes result in early termination of lawsuits, i.e. interim payments, interim injunctions, default judgments, summary judgments and striking out of claims and defences. (2) The second group governs disclosure of all sorts ranging from pre-action disclosure to disclosure against third parties. (3) The third group concerns privileges and immunities against disclosure, i.e., legal advice privilege, litigation privilege and factual witness immunity. (4) The fourth group addresses different systems of expert testimony. (5) Finally, the chapter examines trial and evidence at trial.


Civil Procedure Civil Court Witness Statement Expert Evidence Summary Judgment 
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Copyright information

© Springer Science+Business Media B.V. 2012

Authors and Affiliations

  1. 1.Clare CollegeCambridgeUK

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