Lecture notes
General Matters
- Module
- Civil Litigation
- Institution
- University Of Law (ULaw)
Lecture notes of 2 pages for the course Civil Litigation at ULaw (Chapter 1)
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- Pre Action protocols- Claim issued
- Claim served
- Defence filed and served
- Track allocation
- Disclosure of documents
- Exchange of witness statements
- Exchange of expert reports
- Pre-trial review
- Trial
- Judgment
- Enforcement
CPR 7.1: HOW TO START PROCEEDINGS - CLAIM FORM
Restrictions on where proceedings MAY be started are set out in the relevant practice
directions supplementing this part.
CPR 1.4: Court’s duty to manage cases
• The Court must further the overriding objective by actively managing cases
o 1.4.4
§ Encouraging co-operation between parties. Must discourage
unreasonable conduct before and after proceedings.
§ Helping parties to settle. Active case management includes helping
parties to settle whole or part of the case
§ Encourage greater use of ADR
§ Intend to divert cases from the court system or to ensure that those
cases which do go through the court system are disposed of as rapidly
as possible
§ E.g The court should consider its discretion to stay claims which are
brought in breach of an agreement between parties to attempt to
resolve their dispute reference to expert determination (Barclays Bank
v Nylon Capital).
• The burden lies on the party RESISTING the stay to persuade
the court that there is a good reason for no stay to be imposed.
§ Furthering the overriding objective includes hearing or ordering the
use of early neutral evaluation
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