DR 1 Flashcards
Where can claims be started?
The County Court and the High Court - these are courts of first instance
Where are appeals from the Appeal Tribunals heard?
The Court of Appeal
What are the three divisions of the High Court?
King’s Bench Division;
Family Division; and
Chancery Division;
What makes up the Business and Property Courts?
All of the Chancery Division + from the KBD, the Commercial Court, Circuit Commercial Courts, the Technology and Construction Court, and the Admiralty Court)
Who must give effect to the overriding objective?
The court and the parties
The overriding objective includes dealing with cases at proportionate cost, which means…
…in ways proportionate to the amount of money in dispute, the complexity of the case and other factors.
The court’s approach to case management is one best characterised as….
…active on the court’s part, meaning the court will ensure that cases progress appropriately even if the parties do not seek such involvement from the court.
What is the general rule as to costs?
The unsuccessful party will be ordered to pay the costs of the successful party (CPR 44.2(2))
But the court can make a different order and will consider a range of factors in deciding - they will generally allow only a reasonable and proportionate sum to be recovered
What is a case analysis?
An investigation of the legal issues to determine what must be proved or disproved. It should always be completed for the client and reviewed thorughout the case.
What is the purpose of a case analysis at the outset?
Helps to:
- inform the client’s decision to bring a claim (if client is the C) or how to respond to a claim (if the client is the D) on the merits of its case
- inform the strategy for pursuing the client’s case
- assist to estimate and budget costs
What is the cause of action in most cases?
D –> consider duty in both contract and tort
B
C
L
Also consider:
P - parties
L - limitation
Who does the burden of proving any issue or fact of law generally fall on?
Generally falls on the party who asserts it.
Every fact in dispute must be proved
What is the standard of proof?
On a balance of probabilities
What facts need to be proved?
The facts in issue.
Stare decisis
Stand by what has been decided - foundation of the rules of precedent
The rules of precedent
A higher court binds lower courts; certain courts bind themselves
Is the Supreme Court bound by its previous decisions?
No - as established by the Practice Statement [1966] - and will only depart if its right ot do so
Is the Court of Appeal (Civil Division) bound by its previous decisions?
Yes - with three limietd exceptions as in Young v Bristol Aeroplane Co Ltd
Is the Court of Appeal (Criminal Division) bound by its previous decisions?
Yes - with three limited exceptions in Young v Bristol Aeroplane Co Ltd and a further exception, where the liberty of an individual is at staek
Are Divisional Courts of the High Court bound by its previous decisions?
Yes - they follow the exceptions which apply to the Court of Appeal
Are inferior courts binding?
They do not bind themselves or other courts
What are the Young v Bristole Aeorpolane Co Ltd exceptions?
a) where the Court of Appeal is faced by two conflicting decisions of its won, the present court must choose which decision to follow;
b) the Court of Appeal must refuse to follow a decision of its own which conflicts with a SC/HoL decision (even if not expressly overruled);
c) if a previous decision of the Court of Appeal is considered to have been given per incuriam –> present Court of Appeal not bound to follow it
