Concise Civil Litigation study guide/revision notes covering all content you would need to achieve a high Distinction grade; I achieved 84% using these notes.
The notes were written using BPP answer guides and from SGSs/lectures. They contain all of the important info and are worded and structur...
Notes created using BPP materials and the CPR for the purpose of assisting existing BPP LPC students in BPP LPC exams only. They
are intended to be used as a supplemental tool to aid revision in conjunction with BPP materials, not as a replacement for them.
1. PD Pre-Action Conduct Comply with pre-action rules
2. CPR 7; 30.3; 6.14 Issue and serve Claim Form
3. 7A PD 6.1; CPR 16 Serve Particulars with the Claim Form
If PoC served separately, 14 days after Claim Form served
4. CPR 10.3 File AoS 14 days after Particulars
5. CPR 15.4; 16; 16 PD File the defence 28 days after Particulars (only if acknowledged service)
6. Defence triggers court officer to consider all SoC and provisionally decide suitable track
7. CPR 26.3(1)(a) Notice of proposed allocation
8. CPR 15.4; 15.8; 20 Reply to defence is served with Directions Questionnaire
9. CPR 26.3(1)(b) Parties serve at least 28 days from date of service of NPA:
Directions Questionnaire
Proposed Directions – if FT/MT
10. CPR 26.5; 26.9 Allocation – small claims track, fast track or multi track
11. CPR 29.2 Fix date for CCMC
12. CPR 3.13 If multi track claim:
If < £50k: File first page of Precedent H with DQ
If > £50k: File Precedent H 21 days before CCMC
File Precedent R no later than 7 days before CCMC
13. CR 29; 29 PD 5 Case and costs management conference (CCMC) is held
14. 28 PD 3; 29 PD 4 Directions
15. CPR 3.15; 3E PD 7.3 Costs Management Order
16. Instruct experts
17. CPR 31; 31A/B PD Disclosure and inspection
18. CPR 32; 32 PD 17-20 Exchange witness statements
19. CPR 35; 35 PD Exchange experts’ reports
20. CPR 29.6; 29 PD 8 Pre-trial checklist
21. CPR 39.5; 39A PD 3.2 Prep for trial (Good time for a Part 36 offer, as all evidence is disclosed)
22. CPR 40 Trial
1. Opening statements by both advocates (first C then D)
2. Calls C’s evidence: Evidence in chief
Cross-examination
Re-examination
3. Call D’s evidence – as above
4. Closing submission by advocates (first C then D)
5. Judgment
6. Arguments on costs
7. Costs judgment/order
• CPR 40.8 Interest begins to run from the date of judgment
(unless otherwise provided for)
23. CPR 52 Appeals
24. CPR 70-73 Enforcement of judgement
→ 29 PD 10.3 Judge may vary any timetable previously given
, PREPARATIONS FOR TRIAL
Pre-trial checklists Court sends out and parties must complete and file so court can:
1. Check parties have complied with PDs
2. Specify further directions required to prepare case for trial
3. Fix trial date, time, place
CPR 29.6(3) If both parties fail to file checklist on time – Unless order: parties
must file within 7 days of order, or strike out claim
CPR 29.6(4) If 1 party fails to file, court gives further directions, but unlikely
to strike out
Pre-trial review – CPR 29.8
Court cannot decide whether to hold pre-trial review until received pre-trial checklists
• Court unlikely to hold pre-trial review, as simple case, but insufficient detail to say
it will not be held and it is in court’s discretion to hold one – CPR 29.7
Listing directions Court will give directions without a heading or hold a hearing
or hearing Fix trial date/length/place and give other directions
CPR 29 PD 10.3 – Judge may vary any timetable previously given
Brief to counsel Doc given to counsel with his instructions
Skeleton For HC trials = prepared by both parties
arguments + list of Summarises parties’ legal arguments with list of authorities
authorities
Settlement Time when most cases settle – P36 to be considered
Notices to Admit Served min 21 days before hearing
Facts – CPR 32.18
Trial bundles Trial bundles must be filed by C (NOT D) 3-7 days before the start of trial – CPR 39.5(2)
CPR 39.5 If any content is disputed – provide summary of disputed points – 32 PD 27.12
Counting time:
• “Clear days” so events excluded + day of deemed service – CPR 2.8
• If period is less than 5 days, weekends also excluded – CPR 2.8(4)
Summon reluctant = requires witness to attend to give evidence/produce docs for court
witnesses → only necessary where you know/suspect a witness is not intending on turning up
TRIAL CPR 39.2(1) General rule: all hearings are public
CPR 39.2(3)(c) Judge can allow hearings to be held in private “if it involves confidential
information and publicity would damage that confidentiality”
2
, GENERAL
PRE-ACTION CONSIDERATIONS
First Establish relevant facts + determine client’s objectives → what do they want to achieve?
interview Provide advice on merits of claim by undertaking case analysis
Establish the other party’s position ie financial position
o Eg why not paid? If because of financial difficulty, a claim for damages will be pointless
Consider alternatives to litigation
Consider costs and funding
Letter of Confirmation of instructions
advice Factual details
Objectives
Initial advice + next steps
Retainer = contract between solicitor and client → client must instruct solicitor who then agrees to act
FUNDING
CCS 8.7 Ensure clients receive the best possible info re how their matter will be priced and, both at
time of engagement and when appropriate as maters progress, about the likely overall costs
of the matter and any costs incurred
Conditional Applies to agreements made on/after 1 April 2013
Fee
Arrangement Solicitor fees and expenses only payable in certain circumstances ie if client wins
Must be in writing
Specify part of proceedings to which it relates
Success fee – amount of % increase
Written reasons for level of success fee
→ Any civ lit matter except family proceedings
If the client wins:
Client pays basic fee, disbursements, success fee and insurance premiums
Client can recover basic fee, disbursements and damages from D (success fee to solicitors
comes out of damages once received from D)
If the client loses:
Client pays solicitor’s disbursements, insurance premium and other sides costs
Cannot recover anything from D
Damage- Applies to agreements made on/after 1 April 2013
Based
Agreement Solicitors do not recover fees if they lose
3
, If they win, fees recovered from damages as a %
Agreement must set out how fee is calculated, what happens if case settles
Max 25% PI, 35% employment, 50% other cases
No hybrid model is permitted
Legal Aid Only available for individuals re debt, housing (not conveyancing), clinical negligence,
discrimination
Funding available for legal help (initial advice), help at court or legal rep
Must pass
1. Merits test ie prospects of success; and
o Assess likely costs incurred and likely to be recovered
o Must not be alternative funding available
o Must not be any alternative to litigation
o Claim must not suitable for small claims track
o Must be reasonable to fund the case from the public purse
2. Means tests
o Disposable capital must not exceed £8,000
o Gross monthly income must not exceed £2,657
o Disposable income must not exceed £733 per month
S25 LASPO 2012:
Where Local Authority funded client wins + gains more money than at start = stat charge:
C client – If a shortfall once D paid, C’s damages reduced via stat charge to meet costs
D client – Where no £ recovered, LAA funds D’s shortfall
Where LA funded client loses – costs protections
• C client –
S11 Access to Justice Act: Costs order will not exceed amount reasonable for him to pay
If s11 order made, D can apply under s11(4) so LA pays D’s costs but must prove:
(a) Just and equitable
(b) D will suffer financial hardship if costs not paid
• D client –
S11 applies BUT NO s11(4) – if C sues a funded D, it may not recover damages/costs
Insurance After The Event (ATE); or
o Helps client to cover costs once dispute already arisen
o Availability depends on case merits
o Premium not recoverable from other side if policy entered into after 1 April 2013
o More expensive than BTE
Before The Event (BTE)
o Client has an indemnity for the cost of any legal fees incurred
4
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