CPR- Week 2 Flashcards
What is the purpose of civil procedure rules
procedural code that attempts to simplify/streamline litigation process. Supposed to be quicker, cheaper easier BUT only some of these things are achieved.
What are Pre action protocols
instructs litigants on what they need to do before and during the process.
Aims of CPR
Improves access to funding, facilitates quick dispute resolution and advises litigation as a last resort (advises ADR)
Makes litigation when necessary less complex
Speeds up settlement of claims, encourage party discussion to settle and to reduce costs
What is practice direction 51Z
Master of Rolls and Lord Chancellor have signed Practice Direction 51Z (PD) in relation to possession proceedings due to covid pandemic- follows coronavirus act 2020 to prevent imminent evictions and delay possession proceedings.
Main changes to PD 51Z
- all proceedings brought under CPR part 55 and all proceedings seeking to enforce an order for possession by warrant or writ of possession are stayed for 90 days from march 27th 2020.
- Claims for injunctive relief are not subject to stay set out in para 2 of PD
What does Arkin say
Courts have power to lift stay under PD51Z BUT application to lift stay likely to fail because of narrow set of circumstances in which an application will be allowed
What are the legal proceedings
C issues a claim form within the limitation period and serve the D or its legal reps in 4 months- AKTAS 2010
Form should include a case statement called particulars of claim which sets out how and why the D is liable
C must believe the particulars of claim to be true to the best of their knowledge for a false statement of claim could be deemed contempt of court- Kirk 2009
Upon receiving the claims form, D must respond/file own defence within 14 days or 28 if D chooses first to file an acknowledgement of service within 14 days. Defence should state D version of events and respond to every para of C’s particulars of claim.
What are offers to settle- part 36
Part 36 of CPR is designed to facilitate early settlement, either party can make a written offer to settle any part(s) of the claim at a certain figure or % before/after proceedings issued. 21 days to consider the offer without the possibility of costs and interests sanctions- after which the offer can be accepted if parties agree or if there is a court order.
If the offer is rejected and C obtains a judgment more advantageous than part 36 offer, D will normally be required to meet both their own and C’s costs.
Gibbon 2010 and C v D 2011 principles
- P 36 is a self contained code so offer and acceptance irrelevant
- 21 day period applies only to time party has to accept the offer before penalities attach. Offer to settle open till withdrawn expressly.
- Where an offer is rejected, it can be accepted later. Can be multiple offers on the table at any time, therefore any expression which purports to limit the time within the other side must accept the offer is of no effect. Court will adopt a commonsense view of intentions of parties as opposed to the strict wording of an offer- C v D 2011.
What are the Jackson reforms
10% extra damages payable by D if fails to accept C offer to settle and C is awarded a trial at an amount equal or higher than the offer.
(applies to RTA too- Oliver 2011)
Damages for pain and suffering and loss of amenities is up by 10%, however the increase does not apply to litigants entered into CFA (conditional fee arrangements) prior to April 1 2013. See Simmons 2012
What are the track allocations
Small track- part 27- claims less than 10k
Fast track- part 28- greater than 10k or less or equal to 25k
Multi track- part 29- Claims equal or greater than 25k
Court retains discretion on where to track. Court also considers: remedy, complexity, part 20 claim (counter claim), third parties impacted by proceedings.
What is a mesothelioma claim
PD 3D relates to mesothelioma claims and seeks to speed up the procedure to resolved claims that where C is seriously ill and may be dead before normal procedure followed. Cases given priority.
What do practice directions 44-47
deals with costs, spirit of CPR being that the court and parties have a duty to keep cost low as possible.
What does PAP do
Sets out what parties must do in relation to claim which a particular PAP applies, before court proceedings commence. –
PAP for clinical disputes, PI claims, Construction and engineering disputes, defamation, prof neg, jud review, disease and illness, housing disrepair, property possession, possession of mortgage (residential) property, low value PI claims in RTA.
Failure to comply will be taken into account in court proceedings and may order defaulting party to pay additional costs. Costs awarded- court may order they be reduced.
Pre action conduct and protocol- PD on PACP applies to claims with no PAP. Performs same function as PAP by stating what parties must do prior to commencing legal proceedings.
