Civil Process

Question 1

Part 1

Answer 1

Overriding Objective: Court dealing with cases justly, efficiently, and proportionately.

Question 2

Case for Part 1

Answer 2

Swain v Hillman [2001]: Court refused a summary judgement (decision without trial implemented under part 24) to ensure that the case was dealt with justly and fairly as that is the overriding objective.

Question 3

Part 36

Answer 3

Failure to accept a “reasonable offer” leads to sanctions.

Question 4

Case for part 36

Answer 4

Jimmy Nail v Newell & Wright [2000]: Jimmy Nail refused to accept a reasonable offer and in return had to pay the defendants court fees.

Question 5

Part 3

Answer 5

Judicial case management

Question 6

Case for part 3

Answer 6

Vinos v M&S 2000: Vinos sanctioned because they declined reasonable offer. Had to pay court fees.

Question 7

Part 28

Answer 7

Fast Track

Question 8

Case for Part 28

Answer 8

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.