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Dispute Resolution > CPR Sections > Flashcards

CPR Sections Flashcards

1
Q

1

A

Overriding objective

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2
Q

3

A

The courts management powers

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

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3
Q

6

A

Service of documents

Both within UK and other jurisdictions

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4
Q

7

A

Claim form

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5
Q

10

A

Acknowledgment of service

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6
Q

12

A

Default Judgment

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7
Q

13

A

Setting aside default judgment

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8
Q

15

A

Defence

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8
Q

14

A

Admissions / if you admit the claim

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9
Q

16

A

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

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10
Q

17

A

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

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11
Q

18

A

Further information

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

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12
Q

19

A

Group litigation or non-parties

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13
Q

20

A

Counterclaims or additional claims

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14
Q

22

A

Statement of truth

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15
Q

24

A

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

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16
Q

26

A

Case management

Tracks, directions questionnaire, allocation, assignment to the tracks

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16
Q

25

A

Interim applications and security

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

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17
Q

31

A

Disclosure

State that the document exists or has existed.

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18
Q

32

A

Evidence

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

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19
Q

34

A

Witnesses

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

20
Q

33

A

Hearsay evidence

21
Q

35

A

Experts

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

22
Q

36

A

Offers to settle

Part 36

Making offers, withdrawing, accepting, unaccepting.

23
Q

44

A

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.

24
Q

45

A

Fixed costs

25
Q

46

A

Special costs

Non-party

26
Q

52

A

Appeals

27
Q

71

A

Obtaining information from debtors

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

28
Q

73

A

Charging orders

Charging, stop order, stop notice.

29
Q

83

A

Writs and warrants

For charging order etc

30
Q

R 1.1

A

Justly and proportionately

30
Q

89

A

Attachment of earnings

County court, made to the civil national business centre.

31
Q

R 1.2

A

Give effect to overriding objective whenever

32
Q

R 1.3

A

Parties are required to help reach the overriding objective

33
Q

R 1.4

A

Court must actively manage the cases

34
Q

R 3.4

A

Striking out a case

35
Q

R 3.9

A

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

36
Q

R 6.3

A

Methods of service

37
Q

R 6.14

A

Claim form is deemed served on the second business day

38
Q

R 6.26

A

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.

39
Q

R 16.4

A

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

40
Q

R 16.5

A

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

40
Q

R 24.2

A

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

41
Q

R 31.12

A

Court may make order for specific disclosure

41
Q

R 31.8

A

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

41
Q

R 31.6

A

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.

42
Q

R 31.16

A

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.

43
Q

R 31.17

A

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.

44
Q

R 31.19

A

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.

45
Q

R 33.2

A

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.

46
Q

R 44.4

A

General rule on costs : losing party pays

Dispute Resolution (13 decks)

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