Full revision notes from lectures + SGS
DISTINCTION LEVEL (80% MARK IN LITIGATION)
Includes:
- entire procedure of civil litigation from pre-action to end of trial
- inspection and disclosure of documents
- types of evidence
- part 36 offers
- costs
- interim applications
- jurisd...
Preliminary notice
5.1 As soon as the claimant decides there is a reasonable chance that he will bring a
claim against a professional, the claimant is encouraged to notify the professional in
writing.
5.2 Should contain:
a) identity of claimant
b) brief outline of claimant grievance against professional
c) general indication of financial value of potential claim
5.4 Should be acknowledged in writing within 21 days of receipt
Letter of Claim
6.1 As soon as the claimant decides there are grounds for a claim against the
professional, the claimant should write a detailed Letter of Claim to the professional
Letter of Acknowledgment
7.1 The Letter of Claim should be acknowledged in writing within 21 days of
receipt
Letter of Response
9.2.1 The Letter of Response should be an open letter and should be a reasoned answer
to the claimant’s allegations
a) if the claim is admitted, the professional should say so in clear terms
b) if only part of the claim is admitted the professional should make clear which parts
are admitted and which are denied
c) if the claim is denied in whole or in part, the Letter of Response should include
specific comments
, Letter of Settlement
9.3.1 Any Letter of Settlement may be an open letter, a without prejudice letter, a without
prejudice save as to costs letter or an offer made pursuant to Part 36 of the CPR and
should be sent if the professional intends to make proposals for settlement of all or part of
the claim
Effect of Letter of Response and/or Letter of Settlement
9.4.1 If the Letter of Response denies the claim in its entirety and there is no Letter of
Settlement, it is open to the claimant to commence court proceedings.
9.4.2 In any other circumstance, the professional and the claimant should commence
negotiations with the aim of resolving the claim within 6 months of the date of the Letter of
Acknowledgment (NOT from the date of the Letter of Response).
9.4.3 If the claim cannot be resolved within this period:
a) the parties should agree within 14 days of the end of the period whether the
period should be extended and, if so, by how long.
b) the parties should seek to identify those issues which are still in dispute and those
which can be agreed.
c) if an extension of time is not agreed it will then be open to the claimant to
commence court proceedings.
Court Proceedings
14.3 Where possible, 14 days’ written notice should be given to the professional before
proceedings are started, indicating the court within which the claimant is intending to
commence court proceedings.
14.4 If proceedings are commenced they should be served in accordance with Part 6 of
Civil Procedure Rules
, Objective of pre-action protocols:
(a) Understand each other’s position
(b) Make decisions about how to proceed
(c) Try to settle the issues without proceedings
(d) Consider ADR
(e) Support efficient management of those proceedings
(f) Reduce costs of resolving dispute
Para 13 PD – Pre Action Conduct: court will take into account non-compliance
when giving directions for the management of proceedings and when making
orders for costs
Para 16 PD – Pre Action Conduct: examples of sanctions for non-compliance:
CPR 3.1(4)
, COMMENCING PROCEEDINGS
PRACTICE DIRECTION 7A – HOW TO START PROCEEDINGS
Where to start proceedings
2.1 Proceedings may not be started in the High Court unless the value of the claim is
more than £100,000
2.4 Subject to paragraphs 2.1 and 2.2 above, a claim should be started in the High Court
if by reason of:
1. the financial value of the claim and the amount in dispute, and/or
2. the complexity of the facts, legal issues, remedies or procedures involved, and/or
3. the importance of the outcome of the claim to the public in general, the claimant
believes that the claim ought to be dealt with by a High Court judge.
(CPR Part 30 and Practice Direction 30 contain provisions relating to the transfer to the
County Court of proceedings started in the High Court and vice-versa.)
STATEMENT OF CASE The Claim Form
BY WHAT METHOD OF SERVICE?
CPR 6.3 A claim form may be served by any of the following methods –
a) personal service in accordance with rule 6.5;
b) first class post, document exchange or other service which provides for delivery
on the next business day, in accordance with Practice Direction 6A;
c) leaving it at a place specified in rule 6.7, 6.8, 6.9 or 6.10;
d) fax or other means of electronic communication in accordance with Practice
Direction 6A; or
e) any method authorised by the court under rule 6.15.
6.4 The Court will serve the claim form
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