Exam (elaborations)
LPC NOTES - Civil Litigation
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- Civil Litigation
LPC NOTES - Civil Litigation
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LPC - Civil LitigationWhat is the overriding objective? Where is it? - ANS CPR 1.1, TO enable the Courts to
deal with cases justly and at a proportionate cost
What are the pre-action protocols for? Do they always apply? - ANS To try and resolve
conflict without the need of a court.
Won't apply to every case, but if they do, they take priority
What factors determine Court allocation? - ANS Jurisdiction, Commencement Rules,
Rules governing transfer
How do you calculate the value of your claim? - ANS CPR 16.3(6), Financial worth
disregarding interest, cost, counterclaim, contributory negligence.
What are the commencement rules? Where are they? - ANS CPR 7/PDA7 Rules
regarding the value of the claim, its complexity, public importance.
How are the merits of a case laid out? - ANS Duty, Breach, Causation, Loss
What kind of causation needs to be found in contract and in tort? - ANS Contract:
Reasonably foreseeable, did the causation flow from the breach? Prove in law and in
fact.
Tort: 'But for' test.
What is the aim of the damages? In contract and in tort - ANS Contract: Put the party
in a position they would be in had the contract been performed.
Tort: Put the party in a position where they would be had the harm not occurred.
What is the limitation period for claims in tort/contract? - ANS Tort: 6 years from
actionable cause.
Contract: 6 years from breach of contract
Where are the issue of proceedings found? - ANS CPR 7
Where is the service of proceedings found? - ANS CPR 7.5-8, CPR 6
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