notes by serenalky @ stuvia // https://www.stuvia.com/user/serenalky
CIV LIT NOTES
when interpreting any rule or
practice direction in the CPR.
• One of the most important Civil
SGS 1 - Pre Action Protocol Procedure Rules ('CPR') is the
‘overriding objective’, found in CPR
1. CPR 1.1 states that the
• Claim form (served within 4 months overriding objective of the CPR is
to defendant) → then PoC within 14 “to enable the court to deal with
days of service of claim form → cases justly”.
defendant serves • The court has a discretion whether
acknowledgement of service and/or to impose a sanction for failure to
defence comply with a pre-action protocol
• Deemed date of service = second but it is unlikely to impose a
business day sanction for a slight breach.
• PoC deemed served immediately if • A solicitor must never mislead or
before 4.30 if personal/electronic, attempt to mislead the courts, either
or second day after posting via first by his/her own acts or omissions or
class post allowing or being complicit in the
• The general rule is that the acts or omissions of others
unsuccessful party will pay the (including the client) (CCS 1.4). You
successful party’s costs of the will be considering this professional
proceedings. Terms such as conduct rule in the module.
“winner” or “loser” should be • CPR 3.13 and CPR 2.8. The
avoided as the court will take into budgets must be filed and
account a party’s conduct before exchanged 21 days before the first
and during the proceedings when CMC, as the claim is for more than
awarding costs, in addition to the £50,000. You do not include the day
issue of whether they have been of the hearing in counting
ultimately successful or not. backwards as it is an “event” for the
• Limitation period: Contract is 6 purposes of CPR 2.8. You do
years from breach and tort is 6 include weekends because the
years from actionable damage period is more than 5 days for the
• Acknowledgement of purposes of CPR 2.8(4).
service/defence must be served • Acknowledgement of service or
within 14 days of deemed service of defence must be served within 14
the particulars of claim. days of deemed service of the
• Having filed an acknowledgment of particulars of claim.
service, the defendant has 28 days
from the deemed date of service of SGS 2 - Commencing
the particulars of claim to serve a
defence (CPR 15.4). Proceedings
• The purpose of contractual
damages is to put the claimant in
the position they would have been • Before commencing proceedings,
had the contract been properly the court will expect the parties to
performed. have exchanged sufficient
• The court should consider the information to undertake a number
overriding objective at every stage of steps. One of the ways in which
of the civil litigation process and the protocols do this is to
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, notes by serenalky @ stuvia // https://www.stuvia.com/user/serenalky
encourage the use of negotiation or SGS 3 - Statement of Case
Alternative Dispute Resolution.
Litigation is to be viewed as a last
resort. It is important to comply with
the protocols as the court can • If claim is in the High Court you
punish a party who unreasonably claim under section 35A of the
fails to comply with the pre-action Senior Courts Act 1981;
protocols. • If claim is in the County Court you
• The purpose of the claim form is to claim under section 69 of the
set out the names and addresses of County Courts Act 1984.
the respective parties; give a • You always need to check whether
concise statement of the nature of the contract specifies a rate of
the claim; state the remedy sought; interest as if it does, this is what the
and provide a statement of value parties have agreed and you should
where the claim is for money use that. Only where the contract
• 7APD2.1 states that proceedings has not specified a rate of interest
may not be started in the High Court i.e. the parties have not agreed, can
unless the value of the claim is the claimant claim at the statutory
more than £100,000. rate.
• The correct answer is: The • It is important to remember that the
professional acknowledges the time period for the defendant to
preliminary notice within 21 days of respond starts from deemed
receiving it. → 5.4 service of the particulars of claim,
• The professional sends the which may be later than the claim
Claimant a letter of form. The statement is therefore
acknowledgment within 21 days of false as it starts counting from the
receiving the letter of claim to the wrong ‘starting point’.
letter of claim. → 7.1 • It is appropriate where the claimant
• The Claimant sends the is pursuing an unspecified claim,
professional a letter of claim as i.e. where the court has some
soon as there are grounds for the decision to make on the amount of
claim. → 6.1 damages because the parties do
• As soon as the professional has not agree this amount. An
completed his investigations, the example: loss of future earnings or
professional sends the Claimant a profits. Alternatively, it might be
letter of response and/or a letter of appropriate if the amount claimed is
settlement or both. → 9.1 likely to be subject to assessment
• CPR 26.8(2) provides that, when by the court (for example, a
assessing financial value, the court complicated damages calculation).
will disregard any amount not in • Under CPR 2.8:
dispute i.e any claim for interest, o as this is for a period of 5
costs and any contributory days or less, you don’t count
negligence. The maximum value for weekends;
the claim for allocation purposes is o you don’t count the first day
therefore £23,920. On this basis i.e. the day on which you
the claim is likely to be allocated to filed the bundle; and
the fast track (CPR 26.6(4)). CPR o you don’t count the last day,
26.6(5) also states that the fast Wednesday 4 November,
track is the normal track for claims as this is the day of the
where oral expert evidence is 'event' (i.e. the hearing).
limited to one expert per party in • Having filed an acknowledgment of
relation to any expert field and service, the defendant has 28 days
expert evidence is limited to two from the deemed date of service of
different expert fields. the particulars of claim to serve a
defence (CPR 15.4).
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