Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Bar > Civ lit and Evidence > Flashcards

Civ lit and Evidence Flashcards

You may prefer our related Brainscape-certified flashcards:
MBE flashcards
1
Q

Stages of litigation

A

1) pre action protocol
2) claim form and POC
3) acknowledgment of service, defence , counterclaim
4) allocation to track and case management
5) disclosure
6) witness statements
7) expert reports
8) trial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Limitation period for contract

A

6 years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Limitation period for tort

A

6 years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Limitation period for personal injury

A

3 years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Which part of CPR to commence claim

A

Either part 7 or part 8

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What’s the difference between part 7 and part 8

A

No defence needs to be filed
No POC
Default judgment not available ie judgment without merits being heard or response from D
Allocated to multi track
Not usually oral evidence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

When would part 8 be used

A

If case is not likely to involve substantial dispute on fact or
Enactment says use part 8

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is a calderbank offer

A

An offer without prejudice save as to costs

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Why use calderbank

A

Could be used to give more flexibility than part 36 and may therefore edit the cost rules that party accepting offer will pay the costs

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

When is the deemed service date for a claim form

A

The second business day

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

How long after serving claim form served can particulars of claim be served

A

Within 14 days

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is the max period after issue of claim form that it will become invalid if not served

A

4 months on the Calendar day - different to the other rules where you do not include the first day

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

When is the deadline for defence to be filed upon receiving POC

A

Within 14 days

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What does date of knowledge mean for the purposes of limitation act ?

A

1- significant injury
2- attributable wholly or partly to act or omission
3- identity of d

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is the limitation period for negligence not involving PI

A

15 years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

When must c have a disability for section 28 limitation act and what does disability cover

A

At time cause of action accrued

Mental capacity act 2005
Below 18

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

When must a defence be served and what should happen with counter claim

A

Within 14 days of POC service
Include counterclaim with defence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is the deemed service dates for non instant methods

A

The second day providing it’s a business day

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What is the deemed service date for instant methods

A

If before 4:30 then on that date , if not then the next business day

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What court do you commence proceedings in if personal injury claim above 50,000

A

Either the high court or county court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What court do you commence proceedings in if personal injury claim below 50,000

A

County court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What court do you commence proceedings in if it is a non personal injury claim up to 100,000

A

County court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

When should you pick the high court over county court

A

Some element of public importance
Complex
Financial value ie the more over 100,000 the more likely and more over 50,000 for PI

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What are the main statements of case

A

Claim form
Particulars of claim
Defence
Reply
Defence and counter claim
Reply and defence to counterclaim

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

What are the different tracks and values for each track

A

Small claims track which is below 10,000
Fast track is 10,000-25,000
Intermediate track 25,000-100,000
Multi track 25,000 or more but very complicated claims only

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

List Methods of service

A

Personally on defendant
Leaving document at permitted address
Electronic eg email
Fax
First class post

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

What options does the defendant have when responding to POC

A

Can
1) file an admission
2) file a defence
3) file an acknowledgement of service - use this if need longer ie extra 14 days or dispute jurisdiction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

In the defence what options does defendant have in responding to allegations

A

Can either
Admit
Deny
Require proof

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

What’s the process for requesting further information

A

Ask the other party in writing and give them a reasonable amount of time before applying to the court under CPR 18.1

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

What is a default judgment

A

This procedural firstly
A claimant may apply for default judgment if the defendant has not responded to the POC within the time period.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

For counting time… is the day on which the period begins included

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

For counting time … are days on which the period ends included ?

A

Yes unless period ends on an event

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

For counting time … do weekends count

A

Yes unless period is 5 days or less

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

For counting time , what happens if court office closes on day period ends

A

In time if done on next open day

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

What % of costs can you expect to recover on standard basis

A

60%

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

What % of costs can you expect to recover on indemnity basis

A

70-80%

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

How long to comply with an order for costs

A

14 days

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

Do costs have to be proportionate on standard basis

A

Yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

Do costs have to be proportionate on indemnity basis

A

No but must be reasonable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

When must a with notice interim application be served

A

A soon a is reasonably practical after filing
Not within 3 days of hearing application

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

What must accompany an interim application

A

Any supporting written evidence
A draft order

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

How long do you get to set aside an interim application without notice or vary it

A

7 days

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

What is the overriding objective

A

The overriding objective is to Deal with cases justly at a proportionate cost

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
44
Q

Do the parties have a duty in relation to the overriding objective

A

Yes they must help to further it

Otherwise may be penalised in costs

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
45
Q

When may a statement of case be struck out

A

A) the statement of case discloses no reasonable grounds for brining or defending the claim

B) the statement of case is an abuse of the court process

C) failure to comply with rule, practice direction or court order

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
46
Q

When do proceedings start

A

When Claim form issued

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
47
Q

When can a solicitor be served

A

Where the defendant notifies or defendants solicitors notifies that solicitor can accept service

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
48
Q

Can you serve via email if the email is merely set out in writing

A

No must be accompanied by express statement saying can be served

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
49
Q

What positions are deemed to be of senior position for servicing a company

A

Director, treasurer, secretary, chief executive, manager or other officer

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
50
Q

Is filing an acknowledgment of service compulsory for part 8 claim

A

Yes d must state whether he contests the claim
This must be done within 14 days after service of claim form

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
51
Q

What must children and protected parties have for litigation

A

A litigation friend

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
52
Q

Can children and protected parties apply against having a litigation friend

A

Only children can

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
53
Q

Who may be a litigation friend

A

A) can fairly and competent conduct proceedings on their behalf

B) have no interest adverse to the them

C) undertake to pay costs subject to right to take from their assets

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
54
Q

Do you need court approval for settlements and compromises in claims involving children and protected parties

A

Yes, must always have court approval

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
55
Q

If making an application , what is the process

A

Must file an application notice
This must be served on other party as soon as is reasonably practicable and Atleast 3 days before hearing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
56
Q

Consequences of applications made completely without merit

A

Court must record that fact and
Consider whether to make a civil restraint order

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
57
Q

Can you serve a POC after a claim form would have expired ie after the 4 months

A

No the 4 months is also the cut off for POC

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
58
Q

Can a contract provide for method of service in event of litigation

A

Yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
59
Q

What are the steps if no address for service provided

A

1) c must take reasonable steps to ascertain address

2) if cannot ascertain then c must consider if there is an alternative place or alternative method which service may be effected

3) if find a way then must apply to court under CPR 6.15

4) if not then serve at last known residence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
60
Q

If claim form served on Friday when is the deemed day of service

A

The following Tuesday because it’s the second business day and Friday is not included

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
61
Q

If POC is served on a Friday when is the deemed date of service

A

Depends on the method ie if instant method - before 4:30 would be Friday

If non instant then it would be Monday because it is the second day aslong as is business day

62
Q

When may a consent order be used

A

When recording a simple agreement or judgment for payment of money

Equally consent order may be appropriate for dismissal of proceedings or agreeing a stay whilst settlement talks take place

63
Q

When can a claimant obtain default judgment

A

If defendant has not filed an acknowledgement of service within the time period or defence

It’s procedural

64
Q

Difference between summary judgment and strike out

A

Summary judgment is when there is no real prospect of succeeding or defending the claim (considers evidence aswell )

Strike out is when a statement of case discloses no reasonable grounds for bringing or defending the claim ( only statements of case)

65
Q

Does default judgment apply for counterclaims

A

Yes

66
Q

Do u need court permission to file counterclaim

A

Only if separate to defence

67
Q

What are the grounds for summary judgment

A

No real prospect of succeeding on claim , defence or issue and

No other compelling reason why the case should be disposed of at trial

68
Q

What does no real prospect of succeeding actually mean

A

Not realistic
Must be more than merely arguable

69
Q

How much notice do you need to provide other party for summary judgment hearing

A

14 days

70
Q

What is a Conditional order

A

Will usually require a party to make a payment into court

71
Q

If respondent wishes to serve evidence for summary judgment, when must it be done

A

Not within 7 days of hearing

72
Q

If applicant of a summary judgment wants to serve further evidence after the respondent did, Whne must it be done

A

Not within 3 days of hearing

73
Q

What rule does summary judgment follow in relation to when things should be served

A

14-7-3 rule

74
Q

A cheque has its own contract- will there be any defences in law for dishonouring a cheque

A

No there are no defences even if goods not satisfactory

75
Q

When will costs be assessed on summary assessment

A

Hearings that are not longer than 1 day must be assessed on a summary assessment ie at end of hearing / trial

76
Q

What is a costs throw away order

A

It’s a cost order made before trial which means a party gets preparation costs usually for setting aside ie default judgment

77
Q

What is a costs in the case costs in the application order

A

Order made before trial where by it is ordered that whoever wins at trial will also get costs for interim application

78
Q

What is a costs of and caused by order

A

Cost order made before trial whereby costs will be awarded to a party if they have needed to amend due to the other party

79
Q

How long to apply to set aside an order made without notice

A

Within 7 days of the date Whne order served

80
Q

When may an application be made without notice

A

Where there is exceptional urgency

Overriding objective is best furthered

Permission of court

81
Q

If cannot give 3 days notice for application, what’s the next best

A

Give informal notice ie less than 3 days

82
Q

When can you apply for an interim remedy

A

At anytime but if a claim form has not been served then there must be urgency and desirable in Interests of justice

83
Q

Who can apply for a security of Costs order and why
CPR 25.12

A

A defendant to a claim may apply in order to protect themselves from getting a Costs and not being able to enforce

84
Q

Who can apply for a security of Costs order and why

A

A defendant to a claim may apply in order to protect themselves from getting a Costs and not being able to enforce

85
Q

What are the conditions for When a court may make an order for security for costs

A

C is a company and reason to believe it will be unable to pay d costs

C changed address since claim commenced with view of evading litigation consequences

C taken steps in relation to his assets that may make costs hard to enforce

Claimant is acting as litigant in person and reason to believe unable to pay d costs

86
Q

When should you file and exchange a costs budget

A

Not less than 21 days before first case management Conference

87
Q

When should an agreed budget discussion report me served

A

No later than 7 days before first case management hearing

88
Q

Do you need courts permission to make an additional claim

A

Yes unless defendant filed with defence

89
Q

What must an application for an additional claim include

A

Supported by evidence stating
Stage proceedings are at
Nature of additional claim
Summary of facts of additional claim
Name and address of party
Explanation for delay

90
Q

Do you need courts permission to amend statement of case

A

CPR 17.1 = yes if it has already been served or unless get parties agreement

Application must be made in accordance with CPR 19.4

91
Q

What are the general principles for court to grant amendment of statement of case

A

Furthers overriding objective
Balance injustices between parties
Is case advanced by amendment

92
Q

Can you make amendments to statements of case of limitation period has expired

A

Yes but only if new claim arises out of same facts or
To correct mistake of parties name
Or
Alters the capacity of which to claim

93
Q

If application is successful for an amendment how long too amend

A

Within 14 days

94
Q

Who will be responsible for the costs of amendment

A

Generally the applicant and court will award respondent costs by way of a costs of and caused by order

95
Q

When may the court add a new party

A

CPR 19.2 may order a person to be added if it is
A) desirable to add the new party to resolve matters in dispute or
B) there’s is an issue involving existing party and new party that needs resolving

96
Q

Can you add or substitute parties if limitation period has ran out

A

Yes but only if
A) new part is being substituted for party who was named as a mistake

B) the claim cannot properly be carried on unless new party put in

C) liability has passed to another party

97
Q

What is the Sardinia sulcis test for mistake

A

If the defendant gets the right description but wrong name then substitution allowed

98
Q

What is the difference between CPR 17.4 and CPR 19.6

A

17.4 is where none of the parties are being changed.

The court will allow amendments to statements of case after the end of limitation period if

  • bring a New claim arising out of same facts
  • correct mistake as to name of party ie Adam instead of adan
  • changing capacity ie beneficiary instead of executive

19.6- is where parties are being substituted

  • New party is to be substituted for a party who was named by mistake (description must have been correct tho )
  • claim cannot properly be carried on unless substitution happens
  • liability has passed eg a death of original claimant
99
Q

What rule will most additional claims be brought under ? (Bucket provision)

A

CPR 20.7

100
Q

Do u need a new claim form for rule 20.7 ie additional claim

A

Yes but not 20.5 ie counterclaim or 20.6 contribution or indemnity

101
Q

When must claim form be served for an additional claim

A

Within 14 days of date of issue

102
Q

What is a Norwich pharmacal order

A

A court order for disclosure of documents or info that is available within the uk. It is granted against third parties who have become mixed up in the wrong doing - can compel them to disclose identity of wrongdoer or docs

103
Q

What is a directions questionnaire

A

A document produced by the parties to provide information about the claim to help with case management , particularly allocation of track

104
Q

When should directions questionnaire be filed

A
105
Q

What must the value be below for small claims track

A

10,000

106
Q

What cases go into fast track re
Value
Length
Oral or written evidence from expert

A

Less than 25,000
No longer than 1 day trial
Only an oral expert

107
Q

What cases fall into intermediate track
Re value
Length
Number of experts

A

Less than 100,000
Trial last no longer than 3 days
Max of 2 experts per party

108
Q

What cases fall into multi track

A

100,000 plus

109
Q

What are the steps for case allocation to track after defence filed

A

1) notice of proposed allocation sent by court officer

2) parties file directions questionnaire

3) proposed directions

4) notice of allocation

110
Q

When must directions questionnaire be filed and served?

A

By the date stated in the proposed allocation notice

111
Q

Can you request a stay for settlement talks in directions questionnaire ?

A

Yes

112
Q

How long will a stay for settlement talks usually be

A

PD 26 says 4 weeks

113
Q

What is the case management steps for fast track

A

Notice of allocation

Directions dealing with :
- Disclosure
- service of witness statements
- expert evidence
- trial date given

114
Q

What is the case management steps for intermediate track

A

Notice of allocation

Give directions or CMC

If CMC then file agreed directions Atleast 7 days before

Directions must deal with :
- disclosure
- witness statements
- experts
- pre trial review
- give trial date

115
Q

What are the case and costs management steps for multi track case

A

Notice of allocation

Directions or CCMC (do not need to give trial date)

File and serve cost budgets Atleast 21 days before CCMC

file disclosure report Atleast 14 days before CCMC

File proposed directions Atleast 7 days before CCMC

File budget discussion report Atleast 7 days before CCMC

116
Q

What is the consequence of failing to file a cost budget report in multi track case

A

Treated as automatically filing one which only allows for applicable court costs - draconian

117
Q

What is the act of disclosure

A

Stating that the doc exists

118
Q

There is a right to inspect a disclosed document except if

A

1) document not in parties control

2) party has a right to withhold

3) disproportionate

119
Q

What’s the time frame for when a disclosure report must be filed and served before a CMC

A

14 days before CMC

120
Q

What must a disclosure report set out

A

1) which relevant documents exist

2)where the docs are located

3) estimates costs of giving standard disclosure or searching for docs

121
Q

What does standard disclosure require a party to do

A

1) disclose the documents he relies on

2) disclose the documents which
A) adversely affect his case
B) adversely affect another persons case or
C) support another persons case

122
Q

A party must conduct a reasonable search when standard disclosure is ordered. What factors are to be considered for a reasonable search

A
  • number of docs
  • nature and complexity of proceedings
  • ease and expense of retrieving particular docs
  • significance of any doc likely to be located from search
123
Q

How does a party disclose the documents for a standard disclosure order

A

Create a list also indicating which docs there is a right to withhold or which are no longer in parties control

Also include a disclosure statement setting out extent of search and understands duty to disclose

124
Q

What is an order for specific disclosure or inspection

A

Allows party to seek disclosure or inspection of specific docs

125
Q

Once notice of inspection is given when must inspection be permitted

A

No later than 7 days after notice received

126
Q

If a party wants expert evidence what must they do

A

Apply

127
Q

What questions does the court ask when deciding whether to give permission for expert evidence

A

Is expert evidence necessary ?

128
Q

Is expert evidence generally written or oral

A

Written generally

129
Q

May a party put questions to an expert and within what time frame must they be put

A

Yes and within 28 days of report being served

130
Q

Can a party get their own expert if unhappy with single joint expert evidence

A

Yes but court will consider if questions would help
Value of claim and
Cannot be for fanciful reason

131
Q

Who may rely on an expert report

A

Any party

132
Q

Can the court order a discussion between experts

A

Yes

133
Q

Is hearsay admissible

A

Yes all of it civil evidence act s1

134
Q

What is the difference between a consent order and a Tomlin order

A

A tomlin order is a type of consent order
That includes confidential part

135
Q

Halsey case

A
136
Q

When must a witness summary be served

A

With witness statements

137
Q

How much notice for telephone hearing

A

5 days before hearing.

138
Q

Can a party rely on inadvertently disclosed documents

A

Only with court permission

139
Q

Can a party inspect doc referred to in statement of case

A

Yes… any that are referred too

140
Q

If you are appealing a high court master , which court will you appeal too ?

A

High court

141
Q

Successive amendments colour order

A

Red,green,violet, yellow

142
Q

What should a party do if disputes authenticity of a document

A

Serve a notice requiring party to prove at trial

Serve notice by latest date witness statements should be exchanged or within 7 days of disclosure

Whatever is later

143
Q

Are witness statements open to inspection during the course of trial

A

Yes

144
Q

What could you do if witness statement does not include everything witness wanted go say

A

With permission of court amplify

Or

Serve supplemental statement

145
Q

Where to appeal high court master

A

High court

146
Q

When can you get an extention of limitation period

A

Disabled at time of cause of action or
A child

Or there is fraud, concealment or mistake

147
Q

When can you apply to have limitation period disapplied

A

For PI OR DEATH

148
Q

When will there be knowledge for limitation

A

1) injury is significant
2) injury caused by act or omission of D
3) knows D identity

149
Q

What is a significant injury for limitation

A

An injury is significant if it is sufficiently serious to justify bringing a claim against d who would not dispute liability and could satisfy judgment

150
Q

Can a party inspect any doc referred to in statement of case

A

Yes

Bar (6 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions