Summary BPC Civil Litigation MindMaps, Tables, Short Notes 2023-2o24
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Course
BPC
Institution
BPC
I made this document while studying for my third attempt for Civil Litigation Bar Exams, and really helped me get through the exam finally, especially, the first paper. This document covers most of the Parts of the White Book. I have also included the answers to past paper exam questions provided ...
Part 3
Relief from sanc1ons (3 STAGE- DENTON PRINCIPLE)
3.8,
3.9
Can par(es by agreement extend (me to doing CANNOT
BUT Except Ct orders otherwise, May be extended
the act if any PD/rule/order requires do the act
MAX 28 Days by agreement only if it DOES NOT put at
within specific (me and men(on risk ANY HEARING DATE.
consequences of failure? Cannot extend; see below CM powers
Sanc(on is for PAYMENT OF COST, can default CANNOT
RFS ONLY by APPEALING the order
party apply for RFS using Denton?
RFS from other sanc(ons Follow DENTON
What will Ct consider • All the circumstances of the case to deal JUSTLY
with the applica3on
MUST support with evidence
• Lit to be conducted efficiently and at a
If rejected, APPEAL propor3onate cost
• Enforce compliance with PD/ rules/ orders
Denton
DENTONTestDE
TEST
HOW SERIOUS/ SIGNIFICANT HAS ANY NON COMPLIANCE WITH RULE/PD/ ORDER
(Failure to pay Ct fees, disrup3on of hearing dates >Always considered SERIOUS> So NO RELIEF) Breach is TRIVIAL> Ct
won’t consider the next step, confirms that the very fact that where a party has failed to comply with an unless order it is
undoubtedly a pointer towards seriousness and significance
ANY GOOD REASON FOR NON-COMPLIANCE?
(those beyond party’s control: disability/ illness/ accident, breach was trivial, the original compliance period was SO short)
ALL THE CIRCUMSTANCES OF THE CASE
(How far/ liPle lit has been conducted efficiently and at a propor3onate cost, extent to which the facts show a need for
compliance with rule, How PROMPTLY the app was made, HISTORY of POST BREACHES of other orders)
NON DEFAULT PARTY SHOULD NOT BE OPPORTUNISTICALLY/ UNREASONABLY OPPOSE APPLIACTION FOR RFS WASTE CT
TIME, CONTRARY TO OO PENALISE BY CT VIA COST ORDER.
Where an applicant makes a combined application to vary or revoke under r 3.1(7) and/or for relief from sanctions under
r 3.9, Mitchell decided that the logical approach was for the court to deal with the application to vary or revoke first. If
that is successful, there will then be no need to consider relief from sanctions. This has not been changed by Denton.
, 2
STRIKE OUT S0C (POC, DEFNCE, CC, FURTHER INFO BY PART 18, not w/s) by part 23
applicaOon (will be made during the pre-trial stage; oWen together with an applicaOon for
SJ/ CT’s own iniOaOve, SancOon of last resort)
3.4
SOC discloses NO REASONABLE SOC is an ABUSE OF CT OR there has been
GROUNDS for bringing/ defending PROCESS / otherwise likely to a FAILURE TO
A claim; obstruct the JUST DISPOSAL COMPLY with rule/
No facts to show what the CF/D is about, OF PROCEEDINGS PD/ ORDER
Incoherent/ makes no sense vexa3ous, scurrilous, ill-founded/ issue a_er LP
Simply wrong 9n law where C seeks to open an old lit using the same facts
AWer SO sePlement of earlier proceedings may include terms preven3ng further claims
• Consequen3al order/ enter judgement for the successful party, include alloca3on, CM if the case con3nues
• When C has been ordered to pay costs to D a_er SO, if C starts a claim against the same D, arising out of the
same/ substan3ally same facts BEFORE PAYING THE COSTS, on D’s applica3on Ct may STAY un3l C pays the Cost
• If CT considers the claim is TOTALLY WITHOUT MERIT n SO on ini3a3ve The Ct’s order MUST record that fact
&
at the same 3me MUST consider whether it is appropriate to issue a Civil Restraint Order
Judgment WITHOUT trial (UNLESS ORDERS) with costs
e.g. DJ, SJ
• A MUST warn other side his inten3on to apply
for an UNLESS ORDER
• Ct may UNLESS that party complies with the
order within the given period, it will SO and
enter into the judgement
• Where C makes a REQUEST for an UNLESS
ORDER, it MUST state that right has arisen
because the order has not been complied with
Claim MUST be (automa3c SO/ no further order needed NOTE: IF
FOR ANY OTHER REMEDY, MAKE A PART 23 APPLICATION
1. A specified amount of money
2. An amount if money to be decided by the Ct
3. Delivery of good where the CF gives D alterna3ve of paying value/
value to be decided by the Ct OR
4. ANY combo of these
, 3
Case Management Powers
CPR 3.1 general powers of management Applicable where at least one party is unrepresented, and
the Ct MUST have regard to the fact that there is U. Party,
adopt such procedure at the hearing as it considers
appropriate
NOTE: when dra_ing case management direc3on in MT
and FT, Both par3es and Ct Must take as star3ng point any
Standard direc3ons which can be found online
Power to make an order of its own ini(a(ve Hearing;
It May give any person likely to be affected by the order an
(can exercise power on part 23 applica3ons also)
opportunity to make representa3ons, specifying the 3me
by AND manner in which the representa3ons Must be
made.
It MUST give affec3ng party at least 3 days’ noTce of the
hearing.
Without Hearing;
May make an order to make representa3ons
Order MUST contain a statement of the party’s right to
apply to have it set aside, varied, or stayed.
An applica3on to them MUST be made within any period
specified by the Ct; in any other case within 7 days aVer
the order made.
Power to rec(fy an error of the procedure The error DOES NOT invalidate any steps taken before ; Ct
MAY make order to recTfy the error
Such as failure to comply with a PD, rule
Vary the (me limits If a PD/ rule states you MUST done something within this
SPECIFIC TIME, par3es cannot agree to extend 3me.
It can be ONLY EXTENDED BY PRIOR WRITTEN
AGREEMENT by UPTO 28 days;
BUT NOTE; CPR limits like variaTon of case management
Tmetables for FT, MT cannot be varied by the agreement.
Alloca(on, No(ce of proposed alloca(on See my notes
ST Referral to mediaTon
Where all the parTes agreed to mediaTon on their DQ, the claim will be referred to SC Media3on
services operated by Her Majesty’s Courts and Tribunal Service. If se]lement reached>
proceedings will be stayed automa3cally with the permission to apply for judgement for the
unpaid balance of the outstanding sum of the sePlement agreement/ the claim to be restored for
the hearing of the full amount claimed
NO interim remedies, Part 36 offers, Only the CT can require Further Info NOT the parTes
Heard before a DJ in chambers, informal, evidence need not to be on oath, may limit XIC
DirecTons:
, 4
Disclosure of any docs they rely; copies of the docs, together with any EE before 14 days of the
hearing.
Bring all the original to the proceedings
Ct permission is needed to get EE; usually ONE EXPERT, JOINTLY INSTRUCTED
FT In the NO ALLOCATION the Ct either
• Approves the case management direc3ons agreed by the par3es OR
• Amends and then approve
DirecTons (with/ without hearing);
A_er the alloca3on/ at the lis3ng stage/ if necessary at other 3me, Ct will give direc3ons for
the management of the case and set a 3metable for the steps to be taken.
• SD
• EE
Giving permission, direc3ng SJE, unless there is a good reason not to
Oral evidence is limited to ONE EXPERT PER PARTY and EE in TWO EXPERT FIELDS
Using Expert’s wriPen report at the trial; only aPend the trial if Ct considers IT IS IN
INTEREST OF JUSTICE to do so.
Limi3ng the fees recoverable from another party in respect of expert’s fee
• Varia3on of the Case management 3metable; Par3es MUST apply to the Ct to vary a date
that the Ct fixed for:
The return of a pre-trial checklist, the trial OR trial period Next stage of Case
management
Ct can give further direc3ons when pre-trial check lists are filed.
MT A Master in cases proceeding in the Royal Ct of Jus3ce/ DJ in cases proceeding in a District
Registry of the HC and DJ/ Circuit judge in CC (A Master/ DJ will seek direc3ons from a higher level
judge)
DirecTons:
Will give direc3on and set a 3metable for
May fix a Case management conference OR a Pre Trial Review OR BOTH
Ct’s first concern: issues between the par3es are iden3fied AND the necessary evidence is
prepared and disclosed.
Regard to further info available on DQ provided that either that content has been agreed with
every other party/ it has been served on every other party and when.
Hearings: where it is necessary/desirable, where the Ct fixed a date for the hearing, it will give
the par3es AT LEAST 3 DAY’S NOTICE OF THE HEARING; If a Pre- trial review- 7 DAYS NOTICE
Trial date/ period fixed:
Asap. It will give NOTICE to the par3es of the date, period, and specify the date by which the
par3es MUST file a pre-trail checklist
Case management, pre-trial review (at any Tme aVer the allocaTon):
On the alloca3on, Ct will decide whether it is desirable/ necessary to hold a CMC straight
away/ whether it is appropriate give direc3ons on its own ini3a3ve.
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