BPP University College Of Professional Studies Limited (BPP)
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BPP University College Of Professional Studies Limited (BPP)
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CIVIL LITIGATION REVISION NOTES
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SGS 1 Civil Litigation
Activity 1 Case analysis investigation
Activity 2 Further information/ evidence for case study
Activity 3 Costs/ Benefit to litigation
What is the overriding objective?
• CPR 1.1 states that the overriding objective is “to enable the courts to deal with
cases i) justly and at a ii) proportionate cost.”
• Failure to comply:
o Will result in having to pay costs for causing delays
o May mean the judge orders you to obtain documents / do something by a certain
deadline, or otherwise be unable to rely on the document
Overview of civil litigation
1
,Pre-action protocols
CPR Purpose Consequences of non-compliance.
• Section C of the • Ensure the parties • Consequences of non-compliance (Para 13-
White Book have exchanged 16 Pre-action Conduct)
• CPR 3 sufficient o Where giving directions the court
information to: will take into account compliance
o Understand with PD –PAP (CPR 3.1(4))
each other’s o Judge may sanction the parties
position when giving directions about the
o Make management of the claim (e.g.
decisions obliging party to complete pre-
about how action protocol at a later stage)
to proceed o Case will be stayed until I have
o Try to settle completed pre-action protocol
o ADR (para 15(b))
o Support o Court could punish party by way
efficient of costs, as it must account for
management the conduct of the parties,
of including compliance with PD-
proceedings PAP (CPR 44.2(5)(a))
o Reduce costs
of resolution
Deemed date of service
Claim form only • Which document has been served?
o CF only – 6.14 = deemed service is second business day
after completion of the relevant step (posting / sending)
o CF w/POC attached – 6.14
Particulars of claim (+ • POC only (+ all other documents, inc. Part 36 offer to settle, not
all other documents, CF) – 6.26 =
including Part 36 offers o Same time provided it is on a business day before 4:30pm;
to settle, but NOT if not, next business day
CLAIM FORM) o Post / DX = second day after posting, provided that day is a
business day; if not, next business day after that day
Elements of a case and timing
What CPR Timing
Pre-action CPR 3
protocols
Claim form CPR 7 and 16 • Serve CF within 4 months of issuance (CPR 7.5(1)); 6
months if D out of jurisdiction (CPR 7.5(2))
2
, • Serve PoC within 14 clear days of service of CF + within 4
months (6 months where served out of jurisdiction) of CF
issuance (CPR 7.4)
o NB – deemed date of service of CF = day 0!
Particulars of CPR 16 • It may be:
claim a. Included on the claim form
b. Prepared as a separate document and served on
the claim form
c. May be prepared as a separate document and
served within 14 days of deemed service of the
claim form, so long as such service is effected
within 4 months from the date of issue of the
claim form
Acknowledgment CPR 10 • File A/S (CPR 10.3) OR File and serve defence within 14
of Service clear days of service of PoC (CPR 15.4)
Defence CPR 15 and • If A/S filed, serve defence within 28 clear days of service
16 of PoC (CPR 15.4)
o NB parties may now agree 28-day additional
period for filing of defence (CPR 15.5(1))
Judgment in 12 Failure of D to serve D in time:
default (if D does
not serve • Failure by D to serve defence in time:
Defence in time) a. CPR 12(1) judgment in default = money claim
decided by judge on paper, or hearing for non-
money claim with judgment on merits of case
i. C must show no acknowledgment of
service OR defence filed by time limit + no
admission from D (CPR 12.3(c))
ii. NB for JiD application question state the
following:
1. JiD means a judgment without trial
as D has not filed defence / AoS
2. C must show…
3. Go through timings, applying each
to facts
4. Conclude
• D may apply for setting aside of default judgment (CPR
13) if judgment wrongly entered / D can show it had a
real prospect of successfully defending the claim
Part 20 CPR 20 • The defendant may wish to make a counter claim against
the claimant. The claimant must serve a defence to the
counter claim within 14 days of deemed service.
Reply CPR 15 • If a claimant wishes to allege facts in answer to a defence
which were not included in the particulars of claim, it
may do so by filing a reply.
3
, • It is not necessary to file a reply as the defendant is
required to prove all matters raised in the defence,
whether or not the claimant files a reply.
Further CPR 18 • If a party requires clarification of a statement of case, it
information should make a written request to the other party.
• The request should be confined to matters which are
reasonably necessary and proportionate to enable the
requesting party to prepare its own case and to
understand the case it has to meet.
Interim CPR 23-5 • Interim applications may be made before or during the
Applications course of an action. An interim application is an
application to the court to make an order which binds the
parties.
• Examples of interim applications include applications for
an extension of time for taking a particular step in the
action or to amend a statement of case.
Allocation CPR 26 • Notice of proposed allocation + sets deadlines for
directions questionnaire, inc. proposed directions, +
Precedent H + R
a. Small claims < £10,000 (26.6(3))
b. Fast track £10,000-£25,000 (26.6(4))
c. Multi-track > £25,000 (26.6(6))
• File and serve:
a. DQ
b. Precedent H – for claims < £50,000 only
• Allocation (CPR 26.9)
• Following file of defence, officer of court considers
criteria for allocation (CPR 26.8) and preliminarily
allocates track (notice of proposed allocation issued –
CPR 26.3(1)):
o Nature of remedy
o Complexity
o Number of parties
o Degree of oral evidence
o Etc.
Considering Stay: the parties may also, at this stage, request
that the court order a ‘stay’ of the claim to allow the parties
to consider other forms of dispute resolution to settle the
claim.
Directions CPR 26-9 • After allocating the case to a track, the matter should be
timetabled to trial.
• When a case is allocated to the multi-track, there is a set
of model directions for multi-track cases which are taken
4
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