Civil Process Flashcards
Part 1
Overriding Objective: Court dealing with cases justly, efficiently, and proportionately.
Case for Part 1
Halsey v NHS (2004): Court emphasised using things like ADR to obey the overriding objective.
Part 36
Failure to accept a “reasonable offer” leads to sanctions.
Case for part 36
Jimmy Nail v Newell & Wright [2000]: Jimmy Nail refused to accept a reasonable offer and in return had to pay the defendants court fees.
Part 3
Judicial case management
Case for part 3
Vinos v M&S 2000: Vinos sanctioned because they declined reasonable offer. Had to pay court fees.
Case for Part 28
Barton v Wright Hassall [2018]: Case was allocated to the fast track but when the claimant argued against this, the court of appeal still ended up putting it in fast track.
Financial requirements for small claims
Less than 10,000
Financial requirements for fast track
10,000-25,000
Financial requirements for multi-track
Over 25,000
What act introduced the civil procedure rules into law?
Civil procedure act 1997
What report brought around the civil procedure act 1997?
Access to justice report 1996
Who made the access to justice report 1996
Lord Woolf
Part 52
Civil Appeals
CASE for part 52
Peach Grey and Co v Sommers 1995: Established civil appeals are reviews not re-hearings
CASE for part 29
Jimmy Nail (2000)
In which cases are solicitors compulsory?
NOT in small claims, OPTIONAL in fast track and MANDATORY in multi-track.
What section of which act determines whether solicitors are compulsory?
Section 1 civil procedure act 1997 established the CPR which regulate this.
