ABSTRACT

Although Lord Woolf recommended the introduction of a single method to start proceedings, not all proceedings are suited to the same procedure. The procedure for bringing an action under Part 71 is based on a structure whereby parties in dispute identify facts and issues on which their case is based, follow a series of procedural stages culminating in a trial at which the parties produce evidence, primarily in the form of witnesses to support the facts on which their claim is based, with argument as to the relevant law to apply to those issues.