Chapter 1- Introduction To Civil Litigation And Pre Action Considerations Flashcards
What is the overriding objective of the CPR? (CPR 1.1)
To enable the court to deal with cases justly and at a proportionate cost
Aims of the pre-action protocols?
More cards on the table
Focus on resolving the dispute without the courts
Lay the foundations for court proceedings
Consequences of non-compliance with the pre action protocols?
Likely to relate to costs and interest
May make a stay of proceedings
When are proceedings commenced?
A claim form is issued by the court at the request of C
When must the claim form be served by?
Within 4 months
When is CPR 8 used?
- When the court is being asked to reach a decision in a matter which is unlikely to involve a substantial dispute of fact
- A rule or practice direction requires
What are the particulars of claim (CPR 16)?
The statement of case which contains full details of C’s claim
How can the particulars of claim be dealt?
- Included on the claim form
- Separate document but served with the claim form
- Served 14 days after claim form (although must still be within the 4 month rule)
How can D respond to a claim?
- File an acknowledgement of service (CPR 10)
- File an admission (CPR 14)
- File a defence (CPR 15 and 16)
WITHIN 14 DAYS
What must a defence include?
- Allegations which are denied
- Allegations which he can neither confirm or deny
- Allegations he admits
What is the result of D failing to respond?
Judgement in default (CPR 12)
When can a counterclaim be filed?
Can be filed with defence without the courts permission
What can C do in response to D?
File a reply (CPR 15)
What must further information/ clarification be?
CPR 18
Reasonably necessary and proportionate
What is allocation?
Where the court starts managing the case
What is a case management conference?
Takes place after allocation
Attended by both sides solicitors
CPR 26-29
If the parties haven’t requested a stay, what’s the first thing the court will order?
Disclosure
Each party tells the other what they have