CPR Sections

Question 1

1

Answer 1

Overriding objective

Question 2

3

Answer 2

The courts management powers

(To strike out a case, settting aside judgment, sanctions, reliefs from sanctions etc)

Question 3

6

Answer 3

Service of documents

Both within UK and other jurisdictions

Question 4

7

Answer 4

Claim form

Question 5

10

Answer 5

Acknowledgment of service

Question 6

12

Answer 6

Default Judgment

Question 7

13

Answer 7

Setting aside default judgment

Question 8

15

Answer 8

Defence

Question 8

14

Answer 8

Admissions / if you admit the claim

Question 9

16

Answer 9

Statement of case - what to include in claim form, value, interest, content of POC

Question 10

17

Answer 10

Amendments to statement of case - party pay amend if written consent of all, or with permisison of the court.

Question 11

18

Answer 11

Further information

Court may order to clarify any matter, or give additional information.

Question 12

19

Answer 12

Group litigation or non-parties

Question 13

20

Answer 13

Counterclaims or additional claims

Question 14

22

Answer 14

Statement of truth

Question 15

24

Answer 15

Summary judgment

Sets out a procedure where court may decide a claim without trial.

If it considers that the party has no real prospect of succeeding on the claim, defence or issue,
Or there is no other compelling reason why it should be disposed of at a trial

Question 16

26

Answer 16

Case management

Tracks, directions questionnaire, allocation, assignment to the tracks

Question 16

25

Answer 16

Interim applications and security

Court can grant interim remedy without notice if there is good reason.

Question 17

31

Answer 17

Disclosure

State that the document exists or has existed.

Question 18

32

Answer 18

Evidence

Evidence of witness. Serve witness statements, witness summaries, form of affidavit.

Question 19

34

Answer 19

Witnesses

Witness summons, issue of summons, time, service, letter of request when outside jurisdiction,

Question 20

33

Answer 20

Hearsay evidence

Question 21

35

Answer 21

Experts

Duty to help court on matters within their expertise. Overrides any obligation to the person from whom experts have received instructions.

Question 22

36

Answer 22

Offers to settle

Part 36

Making offers, withdrawing, accepting, unaccepting.

Question 23

44

Answer 23

Costs Court has discretion whether costs are payable by one party to another… general rule is that unsuccessful party will be ordered to pay costs of succcessful.

Question 24

45

Answer 24

Fixed costs

Question 25

46

Answer 25

Special costs Non-party

Question 26

52

Answer 26

Appeals

Question 27

71

Answer 27

Obtaining information from debtors Judgment debtor is required to attend court to provide information on any information necessary.

Question 28

73

Answer 28

Charging orders Charging, stop order, stop notice.

Question 29

83

Answer 29

Writs and warrants For charging order etc

Question 30

R 1.1

Answer 30

Justly and proportionately

Question 30

89

Answer 30

Attachment of earnings County court, made to the civil national business centre.

Question 31

R 1.2

Answer 31

Give effect to overriding objective whenever

Question 32

R 1.3

Answer 32

Parties are required to help reach the overriding objective

Question 33

R 1.4

Answer 33

Court must actively manage the cases

Question 34

R 3.4

Answer 34

Striking out a case

Question 35

R 3.9

Answer 35

Relief from the cost budget error of not sending it in time

Question 36

R 6.3

Answer 36

Methods of service

Question 37

R 6.14

Answer 37

Claim form is deemed served on the second business day

Question 38

R 6.26

Answer 38

All other documents are deemed served on that day if before 4.30, if not, the next day - if personally delivered or emailed. If posted, 2nd business day after posting.

Question 39

R 16.4

Answer 39

Particulars of claim content: concise statements of the facts on which the claimant relies. If seeking interest, statement for this. Damages sought

Question 40

R 16.5

Answer 40

Purpose of a defence : which allegations are denied, which are admitted, reasons for doing so.

Question 40

R 24.2

Answer 40

The court may give summary judgment agaisnt a claimant in ANY proceedings, and against a defendant in any type of proceedings - except for possession of residential premises against a mortgagee

Question 41

R 31.12

Answer 41

Court may make order for specific disclosure

Question 41

R 31.8

Answer 41

A partys duty to disclosure documents are limited to documents which are or have been in his control

Question 41

R 31.6

Answer 41

Required disclosure Standard disclosure requires a party to disclose documents on which he relies, which adversely affects his own case, affects another partys case, or supports another partys case.

Question 42

R 31.16

Answer 42

Pre-action disclosure If an applciation is made to court under any act for disclosure before proceedings have started, it MUST be supported by evidence, and court may make it if the respondent is likely to be a party to proceedings etc.

Question 43

R 31.17

Answer 43

Non-party disclosure If application made to court for disclosure by someone who is not proceedings, must be backed up with evidence, and only where the documetns sought are likely to SUPPORT THE CASE or ADVERSELY AFFECT the case.

Question 44

R 31.19

Answer 44

Challenging a claim for privilege in a document A person may apply for an order permitting to withhold disclosure on the grounds that it woudl damage public interest. OR, person who wises to claim that they have a right or duty to inspect a document - with grounds.

Question 45

R 33.2

Answer 45

Hearsay notice Where a party intends to rely on hearsay evidence, that evidnece must be given by witness, or evidence is contained in witness station of a person who is not being called to give oral evidence.

Question 46

R 44.4

Answer 46

General rule on costs : losing party pays

Question 47

part 25.1

Answer 47

interim injunction

Question 48

part 25.6

Answer 48

interim payment