Civil Procedure Rules (CPR) Flashcards
Rule 1:1
What is the overriding objective?
Dealing with a case justly and at proportionate cost
Rule 1:1
What are the factors affecting the overriding objective?
The court needs to consider the following:
(2) Dealing with a case justly and at proportionate cost includes, so far as is practicable –
(a) ensuring that the parties are on an equal footing and can participate fully in proceedings, and that parties and witnesses can give their best evidence;
(b) saving expense;
(c) dealing with the case in ways which are proportionate –
(i) to the amount of money involved;
(ii) to the importance of the case;
(iii) to the complexity of the issues; and
(iv) to the financial position of each party;
(d) ensuring that it is dealt with expeditiously and fairly;
(e) allotting to it an appropriate share of the court’s resources, while taking into account the need to allot resources to other cases;
f) promoting or using alternative dispute resolution; and
(g) enforcing compliance with rules, practice directions and orders.
Rule 1.4
What duty does the court have under Rule 1.4?
(1) The court must further the overriding objective by actively managing cases.
Rule 1.4
How does the court achieve active case management?
(2) Active case management includes –
(a) encouraging the parties to co-operate with each other in the conduct of the proceedings;
(b) identifying the issues at an early stage;
(c) deciding promptly which issues need full investigation and trial and accordingly disposing summarily of the others;
(d) deciding the order in which issues are to be resolved;
(e) ordering or encouraging the parties to use, and facilitating the use of, alternative dispute resolution;
(f) helping the parties to settle the whole or part of the case;
(g) fixing timetables or otherwise controlling the progress of the case;
(h) considering whether the likely benefits of taking a particular step justify the cost of taking it;
(i) dealing with as many aspects of the case as it can on the same occasion;
(j) dealing with the case without the parties needing to attend at court;
(k) making use of technology; and
(l) giving directions to ensure that the trial of a case proceeds quickly and efficiently.
Practice Direction - Pre-Action Conduct and Protocols (PDPAC) - what is this?
Through the pre-action protocol, the courts aim to promote the early resolution of disputes without parties needing to resort to litigation.
If this is not possible, the processes set out in the PDPAC will at least
a) facilitate the sharing of information
b) enable the parties to have a better understanding of their opponent’s position and
c) narrow the issues in dispute.
What steps must the applicant take to comply with the pre-action protocol?
Letter of Claim should first be sent to the prospective defendants/s. This should be a genuine attempt to avoid proceedings and should:
- State the basis of the claim
- Include a summary of the relevant facts
- State what remedy the claimant is seeking (if money, how it is calculated) and
- Disclose any key documents that the claimant will rely on
What steps must the defendant take to comply with the pre-action protocol?
Prospective defendant should reply to Letter of Claim within a ‘reasonable time’ - no more than 3 months even in a complex case. In a straightforward case, a specified reasonable time could be as little as 14 days. Should include:
- Confirmation as to whether the claim is accepted
- Reasons why it is not accepted
- Explanation as to which facts and parts of the claim are disputed
- Details of any counterclaim the defendant wishes to make
- Disclosure of key documents the defendant relies on
Commencing proceedings: deadline to serve a claim form within the jurisdiction?
Relevant step must be taken by 12am on the date falling 4 months from the date of issue.
Method of service: First class post, delivery of document, personal service, fax, other electronic method
Commencing proceedings: deadline to serve a claim form outside the jurisdiction?
It must be served within 6 months.
Method of service: Hague Service Convention
Local Laws (if country is not part of the convention)
Commencing proceedings: deadline to serve the particulars of claim?
Must be served within 14 days after (deemed) service of the claim form
Method of service: First class post, delivery of document, personal service, fax, other electronic method
Deemed date of service: Claim form?
Deemed served on the 2nd business day after despatch by completion of taking the relevant step.
**Second business day rule is unique to service of claim forms.
Deemed date of service: Other document? (NOT claim form)
Deemed date of service for OTHER DOCUMENTS within the UK:
Depends on the method of service:
- Served by post: The 2nd day after the day of despatch, if the 2nd day is a business day. If the 2nd day is not a business day, on the next business day after that day.
- Served by personal service, fax, email, left at specified place before 4.30pm on a business day: The same business day. In any other case, the next business day.
Deadline to respond to a claim?
Defendant has 14 days from deemed service of the particulars of claim to admit the claim, file a defence or file an acknowledgment of service
Deadline for sending an acknowledgment of service?
The acknowledgment of service (AoS) needs to be sent within 14 days of being served with the particulars of claim
Deadline for filing a defence?
- Within 14 days of particulars of claim
- Within 14 days of acknowledgment of service (AoS extends deadline to 28 days after particulars of claim)
- Within timeline of agreed extension
Deadline for filing a counterclaim?
- Within 14 days of particulars of claim
- Within 14 days of acknowledgment of service (AoS extends deadline to 28 days after particulars of claim)
- Within timeline of agreed extension
Deadline to file an application to dispute the court’s jurisdiction?
- Within 14 days of acknowledgment of service
First file an acknowledgment of service confirming the intention to dispute jurisdiction. Then you will need to file application + supporting evidence to dispute jurisdiction
What is the max time limit for an agreed extension to file a defence?
The parties can agree an extension of up to 28 days for the defence. Parties must notify the court in writing. A longer extension will require permission from the court.
Deadline for filing reply and defence to counterclaim (by claimant)?
When the directions questionnaire is filed. Other parties must be served at the same time.
The reply should form one document with any defence to counterclaim, with the defence to counterclaim following the reply, unless the dates on which they are due to be filed differ from one another
CPR Pt 11: What is meant by disputing jurisdiction?
If they wish to avoid submitting to the jurisdiction, the defendant must be careful not to contest the case on its merits.
Rather, service should be acknowledged with a statement that “jurisdiction will be disputed” and then the defendant must make an application under CPR Pt 11 for a declaration that the English and Welsh court does not have jurisdiction.
CPR Pt 11: What is the disputing jurisdiction procedure?
Application must be made by the defendant -
- File an acknowledgment of service having selected the option that they intend to contest jurisdiction
- At all times avoid any step that could be characterised as submitting to the jurisdiction
- File an application with the court, supported by evidence, within 14 days of filing the acknowledgment of service.
- If no application is made, the defendant will be taken to have accepted jurisdiction
CPR Pt 20: Claims against third parties procedure?
Where a defendant believes they have a claim against a third party in connection with the claim brought against them by the claimant, the defendant can issue a Part 20 claim against the third party.
Note the below:
- Part 20 claims can only be made by a defendant.
- A specific Part 20 claim form must be used, and particulars pleaded
- A Part 20 claim does not require permission from the court if it is issued before or at the same time as the defence is filed
CPR Pt 12: What is meant by default judgment?
If no acknowledgment of service or defence is filed, a claimant can apply for default judgment (judgment without a hearing)
A defendant can make an application to set aside default judgment under CPR Pt 12
CPR Pt 12: What is the default judgment procedure?
A defendant can apply to set aside a default judgment. Unless there has been some mistake, the defendant will have to satisfy the court that:
- there is a real prospect of defeating the claim;
- there is good reason to set aside or vary the judgment
(Discretionary grounds)
The promptness, or otherwise, of the defendant’s application is a material factor.
