BPP University College Of Professional Studies Limited (BPP)
Civil Litigation
Summary
Summary Civil Litigation revision notes
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Course
Civil Litigation
Institution
BPP University College Of Professional Studies Limited (BPP)
These are revision notes for the Civil Litigation Core Unit of the Legal Practice Course. They are based on the BPP University's course that started in May 2019.
The revision notes have been updated to take account of the change in the SRA's Code of Practice and the Civil Procedure Rules are bas...
, Legal Practice Course Civil Litigation (May 2019)
Civil Litigation Introduction
Civil litigation is used to resolve civil (non-criminal) disputes in court.
Civil Procedure Rules (1998) CPR [1]
These rules along with some case law govern court procedure.
They are published by the UK Ministry of Justice on their website at
https://www.justice.gov.uk/courts/procedure-rules/civil/rules
Updated: Thursday, 14 December 2023
Most important is the Overriding Objective
CPR 1.1(1) “… enabling the court to deal with cases justly and at proportionate cost.” Amplified in
CPR 1.1(2) a) ”… parties on equal footing
b) … saving expense
c) … dealing … in ways which are proportionate –
i) to the… money …
ii) … importance …
iii) … complexity …
iv) … financial position of each party.
d) … expeditiously and fairly.
e) allotting … court’s resources …
f) enforcing compliance …” and
CPR 1.3 “The parties are required to help the court further the overriding objective.”
European Convention on Human Rights 1950 (ECHR 1950) was incorporated into English law by
The Human Rights Act 1998 (HRA 1998) [2]
The following rights were incorporated into English law and affect civil litigation.
ECHR 1950 Art. 6 Right to a fair trial (a special right)
Art. 8 Right to private and family life (a qualified right)
Prot. 1, Art. 1 Protection of property (a qualified right)
Notation used for Civil Procedure Rules
CPR 1.4(2)(a) means Civil Procedure Rules - Rule 1.4 (in Part 1) paragraph 2, sub-paragraph a
2A PD 3.1(b)(i) means Practice Direction Part 2A, paragraph 3.1, sub-paragraph b i
PD PCP 3(a) means Practice Direction – Pre-Action Conduct and Protocols, paragraph 3, sub-
paragraph a
Where (GL) appears in the Civil Procedure Rules it indicates the word or words preceding it are
defined in the Glossary.
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