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Dispute Resolution > 1: Civil litigation > Flashcards

1: Civil litigation Flashcards

1
Q

Who brings a civil claim?

A

The claimant

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2
Q

What is the civil standard of proof?

A

On the balance of probabilities.

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3
Q

What is a ‘quantum’?

A

Deciding quantum is deciding how much the defendant should pay to the claimant.

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4
Q

Give the full name and year of the CPR.

A

Civil Procedure Rules 1998

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5
Q

Which courts are governed by the CPR?

A

The CPR govern proceedings in the County Court and the High Court in England and Wales.

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6
Q

What is meant by the CPR having “Parts” and “Practice Directions”?

A

The CPR are divided into parts, which are supplemented by Practice Directions.

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7
Q

What should you refer to before taking any action or advising the client?

A

CPR Parts
Practice Directions Pre-action protocols

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8
Q

What are the books of CPR in paper form known as?

A

The White Book or The Green Book

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9
Q

What is the overriding objective for civil courts?

A

CPR r1.1: to deal with cases justly and at proportionate cost.

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10
Q

What is meant by dealing with a case ‘justly’?

A

Ensuring that the parties can participate fully and that parties and witnesses can give their best evidence.

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11
Q

What is the major way in which the court achieves the overriding objective?

A

By encouraging early settlement and disclosure between all parties.

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12
Q

What requirement does r1.3 put upon the parties to civil claims?

A

r1.3 states that the parties are required to help the court further the overriding objective.

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13
Q

What are the consequences of parties to a civil claim not complying with the overriding objective?

A

Clients should be made aware at the outset that they may suffer consequences in respect of costs and other penalties if they do not comply with the overriding objective.

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14
Q

What is HMCTS?

A

HM Courts and Tribunals Service (HMCTS)

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15
Q

Does the County Court or the High Court deal with the more complex cases?

A

The High Court

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16
Q

What is the maximum value of a claim that the County Court can deal with? (Not personal injury)

A

The County Court deals with claims with the anticipated value of up to £100,000.

17
Q

Can the County Court deal with cases that involve claims for something other than money?

A

No, the County Court can deal with claims for money only, whether it be for a specific debt or for damages,

18
Q

What is the maximum value of a personal injury claim that the County Court can deal with?

A

The County Court deals with personal injury claims of up to £50,000.

19
Q

Which part of the CPR are money-only claims started under?

A

CRP Part 7

20
Q

What is the CCMCC?

A

County Court Money Claims Centre

21
Q

Where is the main location of the High Court?

A

Royal Courts of Justice in London

22
Q

What are the three divisions of the High Court?

A

King’s Bench Division
Chancery Division
Family Division

23
Q

What does the King’s Bench Division deal with?

A

Actions in contract and tort.

24
Q

What does the Chancery Division deal with?

A

Actions such as wills & inheritance, company law and bankruptcy.

25
Q

Who shares the judicial functions of the High Court?

A

Masters (interim applications and case management)

High Court Judges (trials, interim applications and case management)

26
Q

Who deals with the functions performed by High Court Masters in District Registries?

A

District Judges or Deputy District Judges

27
Q

What is the Civil Money Claims Service?

A

What used to be known as small claims court. It is an easy way of applying to a county court to claim money owed by a person or business.

28
Q

What are the three stages of Online Court?

A
  1. Automated triage stage (given legal advice)
  2. Conciliation stage (telephone, online, face-to-face mediation)
  3. Determination stage for cases which have not settled.
29
Q

What are the three general stages of the civil litigation process?

A
  1. Pre-action stage
  2. From issue of proceedings through to judgment
  3. Steps taken after judgment
30
Q

What are the 8 stages of the civil litigation process?

A

PRE-ACTION
Stage 1: ADR
Stage 2: Pre-action protocols

FROM ISSUE TO JUDGMENT
Stage 3: Issue/defence
Stage 4: Allocations and directions
Stage 5: Pre-trial review
Stage 6: Trial

AFTER JUDGMENT
Stage 7: Costs
Stage 8: Enforcement

31
Q

What takes place in Stage 1: ADR?

A

Choose between:
- arbitration
- conciliation
- early neutral evaluation
- mediation
- negotiation
- none of the above

32
Q

What takes place in Stage 2: Pre-action protocols?

A

Check if a pre-action protocol applies. If not, use Practice Direction - Pre-Action Conduct

Letter of claim
Possible joint instruction/selection of expert
Attempts to settle

33
Q

What takes place in Stage 3: Issue/defence?

A

Issue claim form
Serve claim form and particulars of claim
Defendant acknowledges service (optional)
Defendant files defence
Provisional allocation directions questionnaire

34
Q

What takes place in Stage 4: Allocations and directions?

A

Track allocations and directions
Disclosure of documents
Exchange of witness statements and expert reports

35
Q

What takes place in Stage 5: Pre-trial review?

A

Pre-trial checklist (listing questionnaires)
Possible pre-trial review
Serving statement of costs

36
Q

What takes place in Stage 6: Trial?

A

Trial

37
Q

What takes place in Stage 7: Costs?

A

Assessment of costs

38
Q

What takes place in Stage 8: Enforcement?

A

Enforcement of judgment if necessary

Dispute Resolution (20 decks)

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