BPP University College Of Professional Studies Limited (BPP)
Legal Practice Course
Civil Litigation
Summary
Summary Introduction & Pre-action protocols
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Course
Civil Litigation
Institution
BPP University College Of Professional Studies Limited (BPP)
Civil Litigation notes - BPP Law School - High Distinction Level notes!
In-depth and necessary notes.
I've done all the reading and made the notes so you don't have to!
I've set out the reading in a more manageable manner, with structure, colour codes and examples.
Clarified & supplemented by case law where necessary
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One party suing another party
Eg: suing for non payment of debt
o Breach of contract, negligence, personal injury
Non criminal penalty
Judge decides merits of case – listens to evidence of both parties
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Balancing Act-
Court balances needs of both parties
Done via CPR 1 – overriding objective
o All cases dealt with in a manner which is fair, expeditious and saves expense for all
involved
Litigation is expensive and time consuming
All parties litigation must assist court in achieving CPR 1
o If not, they may be penalised
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HRA-
Courts must apply & interpret the law in compliance with ECHR.
Declaration of incompatibility where incompatible with domestic law
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First Client -
Ritchison's Holdings PLC
, Subsidiary – Ritchinson’s Investments Ltd (RI)
Supermakret business
RI comes to see you about a potential problem when they received advise from a solicitor
when buying land for a hyper market
Read Bundle 1
Memo from supervising partner
Help with law & research the matters in memo
Does RI have a cause of action
o Remedy for RI?
o Damages & amount?
o Can Def pay the damages if RI is successful?
o Cost of litigation?
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PART B: Overview of a Civil Litigation Claim-
(Civil Action Flowchart)
Pre-Action: Designed to get the parties exchanging info as to why they are in dispute
Encourage settlement – if not, then, enabling proceedings appropriately
, If a specific protocol does not apply to the claim, then Practice Direction on Pre-Action Conduct
should be followed:
Complaining party writes to the other, detailing the claim
Recipient should respond, either
o Accepting the claim OR
o Rejecting the claim; whole/ in part
Parties then to disclose key documents, engage in negotiations and make
proposals for settlement
Failure to follow pre-action may result in a fee
Action: The Claim Form CRP 7 & 16 :
C brings the action & initiates court process
Fills out Claim form
o with brief statement of what case is about – Part of ’Statement of case’ - CPR 16.2
CPR 16.2 sets out what the claim form must contain. The
claim form must be completed by the claimant and must be
served on (sent to) the defendant within four months of the
date it was issued at court.
o Must be complted by C and served to D w/in 4 months of date issued at court
Serving claim form will start litigation & stop limitation (ie: certain proceedings must be brought in a
certain time, 6 yrs for breach of contracts etc)
Missing limitation – proceedings are time barred
CPR 16: ‘Particulars of claim’ - Sets out details:
who is who, what happened, what C wants
Statement of truth – otherwise C could be guilty of contempt of court
Must be sent to the D
The POC may:
be included with the claim form,
may be separate, but served with the claim form,
OR may be separate and given within 14 days of the claim form (so long as this is stil within
the 4mths)
Responding to a claim-
If the defendant receives the claim form without the particulars of claim, it need
not (save in the Commercial Court) respond until the particulars of claim is
served.
When the particulars of claim is served on the defendant, it must respond
within 14 days of the deemed date of service. The defendant has three
options:
1. file an acknowledgment of service;
2. file or serve an admission; or
3. file a defence.
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