BPP University College Of Professional Studies Limited (BPP)
Legal Practice Course
Civil Litigation
Study guide
Civil Litigation Revision Notes - High Distinction
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Course
Civil Litigation
Institution
BPP University College Of Professional Studies Limited (BPP)
I achieved a High Distinction on the LPC at BPP (London Holborn) using these notes and used them to secure a job and a training contract at a well-known FTSE 100 company. The LPC is all about having a good set of notes and learning them. Using these notes, you will have all of the key information...
BPP University College Of Professional Studies Limited (BPP)
Legal Practice Course
Civil Litigation
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CIVIL LITIGATION
FUNDING / APPEALS – REVISE
TABBING
- Select Colour based on type of document (Claim Form / POC / Statements of Case etc.)
- Deadlines / Time (at the bottom)
EXAM – DRAFTING QUESTION
Guaranteed Drafting Question (20 marks )
o Particulars of Claim
o Defence
o Witness Statement (TAB UP CPR32PD (17.2 , 18.1 + 18.2))
Review CLIENT PACK + RE-READ
o Key figures (check)
o Key dates (check)
Things to look out (check for minor details first)
o Header will always be wrong
o Statement of Truth will always be wrong
Typos
Should NOT be on own page
o Name of Law Firm at end of Statement of Case
o Interest will always be wrong
o Add in paragraphs that are missing
Remember to renumber paragraphs at end
INSERT RIDERS (1 – 3 max)
Amending Defence – address each para of POC
Admit
Deny
Put to proof
Consider PCR
o Tab SRA Handbook (Statements of Case)
O5.1
O5.2
IB5.5
IB5.7
ALWAYS THINK COSTS
, PRE-ACTION / ISSUING PROCEEDINGS
Key considerations when issuing a claim
Limitation
o Contract: 6 years (excluding date of breach) s5 Limitation Act 1980
o Tort: 6 years from actionable damage
Duty
o Contract: Duty of Reasonable Care & Skill (s13 Supply of Goods and Services Act)
o Tort: Hedley Byrne v Heller – Duty of care imposed on advisor with special skill and knowledge
who knows, or ought to know, that the advice is being relied upon
Damages
o Contract: to put C in position they were in had the contract been properly performed
o Tort: to put C in position they would have been had the tort not occurred
o Henderson v Merritt – Claim for breach of contract / tort can be pursued concurrently
Funding
o Conditional Fee Arrangement(CFA) – fees and expenses only payable in specified circumstances
(e.g. no-win-no-fee)
o Legal Aid state funding (limited in civil claims)
KEY STEPS FOR CLAIM:
ISSUE ADDITIONAL INFORMATION REQUIRED
1. Letterhead at time advice was given
2. Names of all partners / current business and residential addresses
WHO TO SUE
3. General enquires re financial status of partners
4. In case insurance is not sufficient to cover losses look at “depth of pockets”
1. Any express terms in the retainer
DUTY 2. Copies of letter constituting retainer
3. Solicitors’ Code of Conduct / Conduct of Business Rules
1. Exact experience / specialism of D
2. Evidence of other similarly qualified professionals – would they have acted differently
BREACH
based on the instructions? (NB not expert evidence)
3. Was the error obvious or esoteric – should the advice have been qualified?
4. Is the advice only wrong with benefit of hindsight?
1. Did C rely on the advice of expert?
CAUSATION / 2. What would C have done if the advice had been correct / qualified?
LOSS 3. Were damages incurred?
4. Could anything have been done to mitigate the loss?
, PRE-ACTION PROTOCOL
CPR requires parties to comply with pre-action protocol before issuing proceedings
o PDPAC 3 – Objectives of Pre-Action Conduct and Protocols (e.g.):
Encourage settlement without Court intervention
Promote proper exchange of information between parties to establish dispute
Ensure proceedings (once issued) are progressed expeditiously
o PDPAC6 – Steps before issuing:
Comply with any specific pre-action protocol
To the extent to which they differ – SPECIFIC protocol takes precedent of GENERAL protocol
Sanctions for non-compliance
PDPAC 14 – 15: Non-compliance failure and sanctions
PDPAC 16 (a)–(d): Court will look at overall effect of non-compliance
CHOICE OF COURT
Jurisdiction
o High Court = Libel / Slander / Judicial Review / Human Rights
o County Court = Consumer Credit Act 1974
Commencement (CPR 7)
o Value less than £100K = County Court ONLY (CPR 7.1)
o Value greater than 100K = High Court OR County Court
CPR 7(2.4) – complexity / financial value / public importance etc.
Transfer (CPR 30)
o Case be transferred and party in fault may be liable for costs under CPR 44
Unsuccessful party may be order to pay costs (CPR 44.2)
Court will consider conduct of the parties (CPR 44.3)
, ISSUE / SERVICE OF CLAIM FORM + POC
CPR 7 + PD7A
o Minimum of 3 copies (Ct/C/D) + Issue Fee payable
o CPR 16.3(6): Amount claimed must disregard:
Interest / Costs / Counter Claim / Contributory Negligence
Service of the Claim Form
o 4 months from DATE OF ISSUE (CPR 7.5(1)) i.e. Court stamp
o Extension may be possible under CPR 7.6
Deemed Service
Claim Form
CPR 6.14 – 2nd business day after completion of the relevant step under CPR7.5(1):
o First class post (posting, leaving with, delivering to or collection by provider)
o Delivery of document to, or leaving it at, the relevant place
o Personal service (leaving with individual / specified person)
o Fax (completion of transmission)
o Other electronic method
Solicitor service (business address)
o D must give (in writing) business address of solicitor; and
o Solicitor must have notified C of authority in writing
Other documents
Rules STRICTLY applied (Godwin v Swindon Borough Council)
CPR 6.26 – deemed served where:
METHOD DEEMED SERVICE
Personally served on the Defendant Effective immediately if on business day and before 4:30PM)
Otherwise – next business day after
By delivering or leaving document at Effective immediately if on business day and before 4:30PM)
permitted address Otherwise – next business day after
First class post or DX Effective 2nd day after posting if on business day
Otherwise – next business day after
Fax Effective same business day if transmitted before 4:30PM
Otherwise – business day after day of transmission
Electronic means (e.g. email) Effective same business day if sent before 4:30PM
Otherwise – business day after the day on which sent
POC + Response Pack
Must serve POC and Response Pack with Claim Form (CPR 7.4(2)) – 3 ways:
1) Sent within CF
2) POC with CF but as separate document
3) POC sent entirely separately
Defendant’s Response
Can within 14 days:
o CPR 10 – File AOS
CPR 14 –ADMIT part or all of the claim
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