The White Book

The White Book is one of the most authoritative procedural resources available for civil litigators.

Published once each year, it includes the Civil Procedure Rules, Practice Directions, and in-depth commentary by senior practitioners and judges. Although the White Book does not represent binding authority, its commentary is regularly referenced by solicitors, counsel, and judges when interpreting procedural rules and relevant usages.

The commentary usually pinpoints superior judges, clarifying changes to the CPR, identifying inconsistent judicial approaches, and offering guidance on how to comply procedurally.

Thus, the White Book should be considered a research tool by practitioners when considering procedural matters, but they should bear in mind that primary legislation, the CPR, and binding judicial authorities will always represent the primary sources of law.

Crucially, legal research needs an organised approach, working in a sequence of recognising the legal problems, legislation, and rules on procedure, then moving on to judicial authority, followed by revered practitioner commentary. A legal practitioner must consider each of these sources together in order to provide accurate, reliable, and strategically directed legal advice.

References (OSCOLA)

1. Civil Procedure Rules 1998, r 1.1 (The Overriding Objective).
2. Civil Procedure Rules 1998.
3. Civil Procedure Rules 1998, Practice Direction – Pre-Action Conduct and Protocols.
4. Civil Procedure Rules 1998, Practice Direction 7A (How to Start Proceedings).
5. Civil Procedure Rules 1998, Practice Direction 32 (Evidence).
6. Civil Procedure Rules 1998, Practice Direction 35 (Experts and Assessors).
7. Civil Procedure Rules 1998, Practice Direction 57AD (Disclosure in the Business and Property Courts).
8. The White Book (Sweet & Maxwell, current edition).
9. Rupert Jackson, Review of Civil Litigation Costs: Final Report (TSO 2009).
10. Lord Woolf, Access to Justice: Final Report (HMSO 1996).