CPR Sections Flashcards
1
Overriding objective
3
The courts management powers
(To strike out a case, settting aside judgment, sanctions, reliefs from sanctions etc)
6
Service of documents
Both within UK and other jurisdictions
7
Claim form
10
Acknowledgment of service
12
Default Judgment
13
Setting aside default judgment
15
Defence
14
Admissions / if you admit the claim
16
Statement of case - what to include in claim form, value, interest, content of POC
17
Amendments to statement of case - party pay amend if written consent of all, or with permisison of the court.
18
Further information
Court may order to clarify any matter, or give additional information.
19
Group litigation or non-parties
20
Counterclaims or additional claims
22
Statement of truth
24
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
26
Case management
Tracks, directions questionnaire, allocation, assignment to the tracks
25
Interim applications and security
Court can grant interim remedy without notice if there is good reason.
31
Disclosure
State that the document exists or has existed.
32
Evidence
Evidence of witness. Serve witness statements, witness summaries, form of affidavit.
34
Witnesses
Witness summons, issue of summons, time, service, letter of request when outside jurisdiction,
33
Hearsay evidence
35
Experts
Duty to help court on matters within their expertise. Overrides any obligation to the person from whom experts have received instructions.
36
Offers to settle
Part 36
Making offers, withdrawing, accepting, unaccepting.
44
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.
45
Fixed costs
46
Special costs
Non-party
52
Appeals
71
Obtaining information from debtors
Judgment debtor is required to attend court to provide information on any information necessary.
73
Charging orders
Charging, stop order, stop notice.
83
Writs and warrants
For charging order etc
R 1.1
Justly and proportionately
89
Attachment of earnings
County court, made to the civil national business centre.
R 1.2
Give effect to overriding objective whenever
R 1.3
Parties are required to help reach the overriding objective
R 1.4
Court must actively manage the cases
R 3.4
Striking out a case
R 3.9
Relief from the cost budget error of not sending it in time
R 6.3
Methods of service
R 6.14
Claim form is deemed served on the second business day
R 6.26
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.
R 16.4
Particulars of claim content: concise statements of the facts on which the claimant relies. If seeking interest, statement for this. Damages sought
R 16.5
Purpose of a defence : which allegations are denied, which are admitted, reasons for doing so.
R 24.2
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
R 31.12
Court may make order for specific disclosure
R 31.8
A partys duty to disclosure documents are limited to documents which are or have been in his control
R 31.6
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.
R 31.16
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.
R 31.17
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.
R 31.19
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.
R 33.2
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.
R 44.4
General rule on costs : losing party pays
part 25.1
interim injunction
part 25.6
interim payment
