Exam (elaborations)
LPC Notes CILEX Civil Litigation Revision
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- Civil Litigation
LPC Notes CILEX Civil Litigation Revision
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CILEX Civil Litigation RevisionDefault Judgement: - ANS Judgement made by Court under Part 12 CPR when Defd
has not taken any action e.g Acknowledgement of Service or submitted Defence
S.69 of the County Courts Act 1984: - ANS Interest claimed at 8% per annum
Late Payment of Commercial Debts Act 1998 - ANS 8% plus base rate of 0.5% per
annum)
Small Claims Track is governed by - ANS CPR 27
Small Claims Track value: - ANS Up to £10k or if PI or Landlord/Tenant dispute up to
£1k
Small Claims Track Court: - ANS County Court usually before District or Deputy
District Judge
Small Claims Track Directions: - ANS Standard Directions
Small Claims Track Experts: - ANS No expert evidence w/o permission of Court: not
usual
Small Claims Witness Evidence - ANS not normally used
Small Claims Hearings - ANS informal, often paper only
Represented by lawyer, lay representative or in person
Small Claims Costs - ANS Fixed Part 45, Up to issue: £100 + Court Fees,
Proceedings: £250 max, Expert Fees £750 max, Travel expenses/loss of earnings to
attend up to £50
Pre-Action Protocol - ANS ADR/Meditation before Court Action
No specific protocol for debt matters. S.3 PDPAC outlines conduct in debt: 2 annexes =
Annex A: Cases where no protocol. Annex B: Debt claims where Clt = Business and Dfd
= Individual.
Follow spirit of CPR
, Notice of Intended Action: - ANS - Parties:
- Owed (amount)
- Copy of relevant docs
- Overdue by when
- Amount Sought & by when
- How payment can be made
- Warning of interest/cost penalties
- Advise on independent advice
Failure to Follow Protocol Consequences: - ANS Not mandatory part of the CPR so
Court can't order compliance BUT can issue sanctions against defaulting party
Costs Orders on an Indemnity Basis - ANS e.g Charles Church Developments Ltd v
Stent Foundations (2007)
Denied Costs - ANS e.g Phatak v Collins (2008)
Deprived of Interest: - ANS Webb Resolutions Ltd v Waller Needham & Green (2012)
Procedure to set aside Judgement Part 13 CPR: - ANS Under CPR 13.2 Court must
set aside Judgement where:
- Defd had made application to strike out/for summary dismissal
- Whole claim including interest has been paid and settled in full
- Defd has filed an admission but asked for more time to pay but request has not yet
been dealt with
Court has discretion to set aside where: - ANS 1) Defd has a real prospect of success
in defending claim
2) Can demonstrate another good reason why to set aside? E.g why delay in applying?
Swain v Hillman (2001): - ANS realistic not fanciful prospect of success
ED & F Man Liquid Product v Patel (2003): - ANS more than merely arguable. Defence
must have a degree of conviction.
Nigeria v Santolina Investment Corp (2007): 7 Point Test - ANS 1) Realistic not fanciful
prospect of success
2) Degree of Conviction
3) Not Mini-Trial
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