The Civil Court Practice 2009- The Green Book

Description: BOOK REVIEW

THE CIVIL COURT PRACTICE 2009

“The Green Book”

LEXIS NEXIS

ISBN: 978-1-4057-3711-1

ALL I CAN SAY IS … RUN OUT AND GET YOUR GREEN BOOK NOW!

A review by Phillip Taylor MBE, Richmond Green Chambers

Essential in the practitioner’s library and indispensable for members of the judiciary whether in the High Court or the County Courts, ‘The Civil Court Practice 2009’, known as “The Green Book”, is now out in a brand new edition for 2009.

In two volumes plus a hefty paperback volume of forms and an accompanying CD, the new 2009 Green Book emerges into an economic landscape markedly different from that of 2008. As the Preface drily states, we live in interesting times in which, for example, the Special Account rate (formerly the short term investment account) has fallen from 6% to 3% from 1st February of 2009 - a significant indicator, you might argue, that the credit crunch had well and truly taken hold. Now at the time of writing, some three months further on, the base rate has plummeted almost to zero.

Battling against the perplexities of a changed economic environment, practitioners and litigants alike will continue to be grateful for the Green Book’s solid, reassuring, reliable and absolutely definitive voice of authority in this atmosphere of uncertainty.’

‘The Civil Court Practice’, in the words of the editors, is ’the essential guide to bringing, defending and appealing proceedings on all three litigation tracks…,’ adding that this prodigiously thorough and authoritative work.

Interestingly, it’s also intended for those who, in increasing numbers, ‘are conducting their cases without legal representation’.

To my knowledge, this is likely the first time that one of the stated aims of the editors of The Green Book is ’to provide a handbook that is suitable for DIY as well as legal practice’. ‘DIY as well as legal practice’? Well I never!

But on reflection, I’m pleased that the Green Book is being presented as a user-friendly work (which basically it is). It’s appropriate and right that the rules of civil practice be accessible to ordinary litigants, (they are after all entitled to represent themselves in court if they so wish), although I cannot see this as being wildly popular either with most of the judiciary or with some of my fellow practitioners as a little knowledge can be a dangerous thing!

However, when one recalls the dictum (with which I cannot entirely agree) that ’ignorance of the law is no excuse’ -- The Green Book is out there to, at least partially, alleviate that ignorance and is available to all via the publishers, or your local legal bookshop of course in person and online.

So far from being the exclusive preserve of the august legal profession, “The Green Book”, is accessible to anyone willing to read, note and learn from it.

Logically structured, the work is divided into three parts, with Part I dealing with rules and procedure, Part II with the general jurisdiction of the courts and Part III with the specialist jurisdiction of the courts under appropriate titles arranged alphabetically. Such features as paragraph numbering, Index, shaded sections and edgemarks are all designed for simplicity and ease of navigation.

For those new to the Green Book, or those who need reminding, there is a ‘How to Use…’ section – and for quick reference to the most recent changes in the law as of 1 March 2009, see the section on ‘Developments Since the October 2008 Edition’.

As in all previous editions of ‘The Civil Court Practice’, the editorial team, under Lord