This is a compilation of all of the practice questions from the SGS (Class) preparations as well as any other practice materials.
This is perfect for OPEN BOOK exams as they often repeat the same/same style questions in the exams so you can see how to go through a question. You just need to la...
CIVIL LITIGATION STUDY GUIDE
SGS 2 ACTIVITIES: COMMENCING PROCEEDINGS + STATEMENTS OF CASE
Activity 1
1. In which court could your client commence proceedings?
Claims over £100,000 can be heard in either the County or High Court (7A PD 2.1). In deciding which court to
claim in, we should consider the financial value of the claim (£125,000), the complexity of the facts and legal
issues and the importance of the outcome to the public (7A PD 2.4). Based on the facts provided, this is a simple
debt claim and can therefore be dealt with in the County Court.
2. Assume that Ritchisons commences proceedings in the High Court against Bono Weller & Co LLP, in
which division of the High Court could the case be brought?
As stated on the claim form, Ritchisons expects to recover more than £100,000 from this claim (7A PD 2.1) and
because it is a more complex case that will require a more involved investigation and procedures (7A PD 2.4) this
case should be brought in the High Court. Since it is a tortious case, it should be seen in the Queen’s Bench
Division.
3. What is likely to happen if the case were brought in the County Court? Please provide full CPR
references for your answer.
If the case were brought in the incorrect/County Court, the claimant (Ritchisons) could face cost sanctions. It would
need to remedy the situation by submitting a transfer order (CPR 30.3(2)), which would look at the financial value
of the case, the convenience and fairness, the availability of a specialist judge in the regional specialist court, the
complexity, the public interest and the availability of the necessary facilities.
ACTIVITY 2
Question 1
1. What is the document being served?
Particulars of claim
2. How has the claim form been served? Claim form sent by Postal Delivery on Monday Oct 7
3. What is the deemed date of service?
CPR 6.14 the deemed date of service is the second business day after completion of the relevant steps in CPR
7.5(1).
Deemed date of service = Wednesday October 9.
4. What is the next step and the relevant time limit?
Particulars of Claim must be served within 14 clear days of service of the claim form (CPR 7.4(1)(b)).
5. Calculate time:
The date of service is always a clear day CPR 2.8 (3)(a), meaning that the date of service is day 0 of the 14 days.
- Note: Since this is a period of longer than 5 days, weekends will not be included CPR 2.8(4)
14 clear days from October 9 = October 30.
6. Conclude: The Particulars of Claim should be served by October 30th.
Question 2
1. What is the document being served? The relevant document is the Particulars of Claim, because that is the
document that the defendant must respond to.
2. How were the Particulars of Claim served? They were left at the defendant’s solicitor Russell & Co’s office at
2pm on Monday 14 October 2019. This delivery will be valid as long as it complies with CPR 6.3.
3. What is the deemed date of service? Leaving the Particulars of Claim (any document other than the claim
form) at the address before 4:30pm is considered effective immediately (CPR 6.26). Therefore the deemed date
of service is Monday 14 Oct.
,4. What is the next step and the relevant time limit? The defendant may first respond by filing an
Acknowledgement of Service within 14 days of the service of the Particulars of Claim CPR 10.3(1)(a). Alternatively,
the defendant can skip the Acknowledgement of Service and serve a defence if it is ready to do so CPR 15.4(1)(a).
If it chooses to do so, it must file the defence within 14 clear days of the service of the Particulars of Claim.
Question 3
1. What is the document being served? The Claim Form and the Particulars of Claim.
2. How was it served? By first class post on Wednesday October 9, 2019. It will be valid if the delivery method
complied with CPR 6.3
3. What is the deemed date of service? According to CPR 6.14, the deemed date of service will be on the
second business day after the completion of the relevant steps listed in CPR 7.5(1) - which in this case is delivery
by first class post (CPR 7.5). Deemed date of service = Friday October 11, 2019.
4. What is the next step and its time limit?
- What is the latest date by which the defendant must file an acknowledgment of service?
An acknowledgement of service must be filed within 14 days after the service of the claim form and
particulars of claim (CPR 10.3(1)(b)). As listed in CPR 2.8(2), these will be clear days.
- What is the latest date by which the defendant must file a defence if it has acknowledged service?
If the defendant files the Acknowledgement of service under Part 10, the defence must be filed within 28
days after the service of the Particulars of Claim (CPR 15.4(1)(b).
5. Count Time:
- 14 clear days from October 11th (INCLUDING weekends because it is a period of longer than 5 days (CPR
2.8(4)) = Friday 25 October
- 28 days from October 11 = Friday November 8th.
For All Groups
a. What can the claimant do if the defendant does not respond in time to the claim form and particulars of
claim?
If the defendant does not respond in time, the claimant can apply for a judgement in default under CPR 12.3. This
will require the claimant to show that:
- The particulars of claim were served
- The time limit has expired
- The claim has not been admitted or satisfied
- That there is no application for a summary judgement or strike out has been made.
b. What can the defendant do in response?
The defendant can apply to ‘set aside the judgement’ (CPR 13). The court must set aside the judgement if the
criteria listed in CPR 12 has not been satisfied (CPR 13.2). It can be set aside even if the judgement has been
correctly entered into (via CPR 12), if the defendant has a real prospect of successfully defending the claim or if
the court is satisfied that there is some other good reason why the judgement should be set aside or the defendant
should be allowed to defend the claim.
SGS 3: STATEMENTS OF CASE - PERFECT YARNS DRAFTING EXERCISE
Heading
Change the court details to: IN THE QUEEN’S BENCH DIVISION OF THE HIGH COURT
Parties:
Replace with: COLOURFUL COMPOSITIONS LTD
- Put “Claimant” to the right
Replace with: PERFECT YARNS LTD
- Put Defendant to the right
Replace with: PARTICULARS OF CLAIM
Paragraphs
,1. Add: and the Defendant was a company engaged in the business of selling fibres.
2. By a written contract dated 19 February 2019 (“the Contract”), the Defendant agreed to sell to the Claimant in
the course of its business, a consignment of fibres (“the Fibres”) for the sum of £200,000 inclusive of VAT. A copy
of the Contract is attached.
3. Delete current paragraph and replace with background information:
In a telephone conversation 18 February 2019, Andrea Lord (Operations Director of the Claimant) specifically told
Robin Carter-Smith (the Sales Director of the Defendant) that the Fibres being purchased would be used to fulfill a
large order from the Claimant’s biggest customer to apply the Claimant’s DubbleDual processing method.
4. Insert Express Duty
It was an express term of the Contract at Clause 3 that the Fibres would be delivered by the Defendant to the
Claimant’s premises at 215 Odessa Wharf, Rotherhithe, London SE25 0OJ on 22 May 2019.
5. Insert Implied Duty
It was an implied term of the Contract that the Fibres would be of satisfactory quality, that corresponds with the
description included in the contract and further or in the alternative, be fit for the particular purposes of the
application of the DubbleDual dying and printing process.
6. Insert Express Breach
In breach of the express term set out at Clause 3 of the Contract, the Defendant did not deliver the Fibres to the
Claimant’s premises by the delivery date or at all. The Claimant eventually collected the fibres from the
Defendant’s premises, having organised and paid for its own transportation at a cost of £2300 inclusive of VAT.
7. Insert Implied Breach information:
In breach of the implied terms set out at Paragraph 4 above, the Fibres provided by the Defendant were not of
satisfactory quality or fit for their particular purpose.
PARTICULARS OF BREACH
a) The Fibres were irregular and uneven, with threads sticking out.
b) When dyed, the Fibres became mottled and started breaking.
c) When printed, the Fibres became speckled, spotted and patchy.
8. Causation:
As a result of the breaches set out in paragraphs 7 above, the Claimant had to purchase replacement Fibres for
£250,000 inclusive of VAT and had to apply the DubbleDual dying and printing process at a further cost of £26,000
inclusive of VAT. As a direct result of the problems arising from the Defendant’s breach of its duties to the
Claimant, the Claimant has also subsequently lost the business of its largest client and has accordingly lost profits
of £160,000.
9. Further, as a result of the breaches set out above, the Claimant has suffered damage to its reputation.
10. Loss and Damage:
As a result of the breaches set out above, the Claimant has suffered loss and damage
.
PARTICULARS OF LOSS AND DAMAGE
- Cost of transportation = £2300
- Cost of replacement Fibres = £250,000
- Cost of processing the replacement Fibres = £26,000
- Estimated loss of profit = £160,000
, LESS
- Cost of the original contract = £200,000
TOTAL = £168,300
11. The Claimant also seeks damages for its loss of reputation.
12. The Claimant claims interest on damages pursuant to Section 35A of the Senior Courts Act 1981 at such rate
and for such period as the court thinks fit.
AND THE CLAIMANT CLAIMS
1. Damages as set out in paragraphs 10 and 11; and
2. Interest as set out in paragraph 12.
Price Prior
Statement of Truth
I believe that the facts stated in these particulars of claim are true.
Signed: ___
Full Name: Andrea Lord
Position or Office Held: Operations Director
Date: Insert date
Served on this day of October 2019 by Price Prior of 68-70 Red Lion Street, London WC1R 4UY, Solicitors for the
Claimant (ref: SS/CC/001).
12/31/20
SGS 4 - ALLOCATION, CASES + COSTS MANAGEMENT
SGS Prep 1
1. Pre-action protocols 9. Disclosure
2. Issuing and serving claim form 10. Inspection of documents
3. Serving particulars of claim 11. Exchange of witness statements
4. Acknowledgment of service 12. Exchange of experts’ reports
5. Defence 13. Preparation for trial
6. Allocation 14. Pre-trial checklist
7. Costs and case management conference 15. Trial Appeals
8. Directions 16. Enforcement of judgment
SGS Prep 2 - ALLOCATION
Notice of proposed allocation aka Directions Questionnaire CPR 26.3(1)
1. What is the purpose of this document? (i) specify any matter to be complied with by the date specified in
the notice; (ii) require the parties to file a completed directions questionnaire and serve copies on all other
parties; (iii) state the address of the court or the court office to which the directions questionnaire must be
returned; (iv) inform the parties how to obtain the directions questionnaire; and (v) if a case appears suitable
for allocation to the fast track or multi-track, require the parties to file proposed directions by the date specified
in the notice.
2. Does it need to be filed/exchanged with the other side? If so, by when?
Each party must be given notice of proposed allocation (CPR 26.3(1)).
3. Could completing the document lead to early settlement? If so, why? If not, why not?
Directions questionnaire
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller ccbittner. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $16.88. You're not tied to anything after your purchase.
