General Matters Flashcards
1
Q
What is the process of a claim in the civil courts?
A
- Case-management
- Pre-Action Conduct (ADR)
- Commencement of the Action
- Interim Matters
- Trial
- Post-Trial
2
Q
Example of Case-management?
A
Costs
Limitation
3
Q
Example of Pre-Action Conduct
A
Pre-Action disclosure
ADR
4
Q
Example of Commencement of the Action?
A
Claim form issued
Acknowledgement of Service
Defence
5
Q
Example of Interim Matters?
A
Small Claims
Fast Track
Multi-Track
6
Q
Example of Post-Trial?
A
Appeal
Enforcement
7
Q
Example of Interim Applications?
A
Summary judgment
Default Judgment
Strike Out
8
Q
Example of Interim Applications?
A
Summary judgment
Default Judgment
Strike Out
9
Q
Where to start proceedings for cases with a value of less than £100k?
A
County Court
10
Q
Where to start proceedings for Personal Injury cases with a value of less than £50k?
A
County Court
11
Q
Where to start proceedings for cases with a value of more than £100k?
A
High Court
12
Q
Where to start proceedings for Personal Injury cases with a value of more than £50k?
A
High Court
13
Q
When will a case qualify to start in the High Court?
A
High Value :
Personal Injury 50k+
Personal Injury 50k+
Complex
In Public Interest
14
Q
What is the purpose of the overriding objective
A
to enable the court to deal with cases justly and at proportionate cost
15
Q
What does the overriding objective deal with?
A
Parties on equal footing
Money
Importance
Complexity
16
Q
TRUE OR FALSE: Court’s have a duty to manage cases?
A
TRUE
17
Q
How can the court fulfil their duty to manage cases?
A
- Encouraging cooperation between parties
- Identifying issues early
- Giving directions
- Fixing schedules/timetables
- considering costs
18
Q
TRUE OR FALSE: Court’s have power to make orders of it’s own initiative?
A
TRUE
19
Q
What MAY the court do if it is to make orders of it’s own initiative?
A
Court MAY give any persons likely to be affected an opportunity to make representations,
specifying time and manner the representations must be made
20
Q
What MUST the court do if it is to make orders of it’s own initiative?
A
Court MUST give each party likely to be affected at least 3 days notice of the hearing
21
Q
TRUE OR FALSE: Court MAY make an order of it’s own initiative without hearing the parties?
A
TRUE
22
Q
TRUE OR FALSE: Before the Court can make an order of it’s own initiative, they MUST hear the parties representations?
A
FALSE. Court MAY
23
Q
What can the party which is affected do if the Court makes an order of it’s own initiative without hearing representations for them?
When must this be done?
A
The party may apply for the court to
- set aside order
- have order varied
- have order stayed
- or have order temporarily suspended
must be made in any period specified by the court or if no period specified, not more than 7 days after date which order served
24
Q
What must the order contain if the Court make an order of it’s own initiative without hearing representations from parties affected?
A
order must contain a statement of the right of the party affected to apply to have it set aside/varied etc.
25
If a rule/ Practice Direction states a time limit for the parties, can the time limit be extended? If so, how? and how long can the extension be?
When is this not allowed?
Yes,
Prior written agreement between the parties
up to 28days
Not allowed if the court has ordered that it cannot be extended.
26
TRUE OR FALSE: Pre-Action applications are not classed as urgent?
TRUE/FALSE
27
What is another name for applications which are not urgent?
'With Notice' Applications
28
Why are Pre-Action applications called 'With Notice' applications?
Because they are not classed as urgent
29
TRUE OR FALSE: Urgent applications are called 'Without Notice' applications?
TRUE
30
TRUE OR FALSE: 'Without Notice' applications cannot be done before commencement of Trial?
False.
31
TRUE OR FALSE: Pre-Action disclosure is an interim application so must be done in the middle of proceedings? Why?
False. Pre-Action disclosure needs to be made before proceedings start
32
Where can you find non-urgent interim applications in the CPR?
CPR Part 23
33
What must be served on a respondent for interim applications?
1. Application notice
2. Evidence (unless court orders otherwise)
3. Draft of requested order
34
Where must an application for Pre-Action disclosure be made?
Any County Court hearing centre unless enactment, rules, PD provides otherwise
35
Where must an interim application made before a claim has been started be made?
Any County Court hearing centre unless enactment, rules, PD provides otherwise
36
Where must an interim application be made after a claim has been started?
application must be made to the County Court hearing centre where the claim was started
37
Where must an interim application be made after proceedings have finished ?
application must be made to the County Court hearing centre dealing with the enforcement of judgment (unless enactment, rules, PD provides otherwise)
38
What must the application notice include?
If applicant is not a party to proceedings?
1. Order sought and
2. why it is sought
2. Title
3. Claim reference number
4. Full name of applicant
5. Request for hearing
6. Signed
7. Statement of Truth
8. Not Party to Proceedings: address/postcode for service
39
How long before from when notice is served does the the hearing for an interim application take place?
Must be atleast 28 days after date of notice
40
When must an interim application after having been filed have to be served to parties?
Atleast 3 clear days before hearing of the interim matter
41
What is the purpose of an Interim application hearing?
To decide whether or not the order will be granted by the Court
42
TRUE OR FALSE: If less than 3 clear days notice is given in an interim application then the Court must rescheduled the hearing?
Why?
False.
Court may direct that the application be heard anyway
43
When must the application notice be served on parties if the hearing will take place via telephone?
As soon as practicable after issuing or atleast 5 clear days before hearing
44
TRUE OR FALSE: A copy of the application notice need not be served if a rule or PD or court order so allows?
TRUE
45
How do you calculate clear days?
What should not be counted?
Do not include the beginning day
or
The day on which an end event occurs
Weekends, bank holidays, Christmas or Good Friday
46
When may the Court deal with interim applications without a hearing?
1. Parties agree to it and the terms of order sought
| 2. Court does not consider that a hearing would be appropriate
47
What evidence must be provided with the interim application?
Written evidence
48
What must a draft order include?
1. Must set out clearly what respondent must do or not do
| 2. Must include undertaking to Court
49
TRUE OR FALSE: If a party fails to attend an interim application hearing, it must be rescheduled for when they can? Why?
False. May proceed in their absence especially if there is no real prospect of changing the original order or if it would be unjust to do so
50
TRUE OR FALSE: A Norwich Pharmacal order is a with notice interim application?
TRUE
51
TRUE OR FALSE: A Norwich Pharmacal order application cannot be made before the commencement of Trial?
False. It can
52
When must ADR be considered?
throughout the litigation process
53
Give example(s) of exception to the general rule of giving atleast 3 clear days notice
1. Where there is exceptional urgency
2. Where there is a need for secrecy
3. Where the court permits it
4. Where the parties consent
5. Where a court order, rule or practice direction permits
54
Where does Personal Injury cases take place?
Fast Track
55
Within what period from the date of issue must the claim form be served?
4 months
56
Costs budgets must be filed and exchanged in which types of cases?
all Multi Track Part 7 claims with a value under £10 million.
57
What will need to happen if C applies for security of costs but D cannot afford the claim?
The case must be dismissed as an order for security of costs cannot be obtained
58
When must ADR be considered?
Throughout litigation process
59
What is a QOCS?
Qualified One-way costs shifting
60
When is QOCS relevant?
In claims for PI/Death/Fatal accident where C loses
61
What is a stay?
imposes a hold on proceedings
62
If both parties request a stay, how long will the stay be for?
1 month
63
What happens if D has not admitted/defended or put in a counterclaim and C has not applied for DJ or SJ?
Automatic stay for 6 months
64
Who can apply to the court to have a stay lifted?
Any party
65
What happens if a stay is lifted?
proceedings will continue
66
TRUE OR FALSE: A child MUST have a litigation friend?
TRUE
67
TRUE OR FALSE: Any steps taken before a child has a litigation friend has no effect unless court states otherwise?
TRUE
68
What is a part 7 claim?
Most claims that are not Part 8 claims
69
When does CF have to be served after being issued?
4 months
70
How long to serve POC after serving CF if not served together?
14days of CF being served
71
What happens if CF is not served and limitation period ends?
CF no longer valid
72
When is D deemed to have received CF?
After 2 working days
73
If C serves CF on a Monday, when D deemed to have received CF?
Wednesday
74
If C serves CF on a Friday, when D deemed to have received CF? Why?
Tuesday
Do not count weekends
75
TRUE OR FALSE: D is deemed to have received CF after two working days is an irrebuttable presumption? What does this mean?
TRUE
means that even if D never receives CF, he is still deemed to have received CF after 2 working days
76
Can C apply to court to extend time limit to serve CF? How?
What type of of application will it be? Why?
Yes. Application notice has to be filed before 4 months period is over
Without notice application. D does not yet know about the claim
77
Can C apply to extend time limit to serve CF if time limit is already over? What must be shown?
Yes.
will need to show:
- has acted promptly
- court failed to serve CF
- has taken reasonable steps to serve within 4 months but has been unable to
78
What can C do if court refuse to extend time limit to serve CF?
C can start a new claim
79
When is POC deemed served?
If on working day: 2nd day after
If not on working day: the next working day
80
When must a notice to admit facts be served?
no later than 21 days before trial
81
Plainest way to describe set off?
What I owe you against what you owe me
82
What can C do if D serves a counterclaim? When should this be done by?
C can serve defence to D's counterclaim.
Served within 14 days of service of counterclaim
83
What is the difference between D's defence to a claim and C's defence to a counterclaim?
D
- admit
- deny
- further evidence
C
- admit
- further evidence
84
TRUE OR FALSE: Court's permission is needed if a party wishes o file any statement of case after a reply to a counterclaim?
TRUE
85
What happens if a person verifies statement of truth without an honest belief in its truth and is found out?
Proceedings for contempt of court may be brought against that person
86
What must a person do if an additional claim is served on them?
become a party to proceedings
87
Can the court compel parties to enter ADR? Why?
No. can only recommend
88
TRUE OR FALSE: Summary judgment can be applied for even if D has not yet filed Defence, AOS?
False.
89
Features of Part 8 claim?
- no defence required
- default judgment not available
- claims automatically multi-track
- C should file written evidence with CF
- D should file written evidence with AOS
90
Where a party inadvertently allows a privileged document to be inspected, the party who has inspected the document can do what so they can be able to use it?
apply for court's permission so he can use it
91
What entitles a party to make an interim application without giving the 3 days' formal notice required?
- exceptional urgency
- need for secrecy
- court permits
- parties agree
- court order, rule, PD allows
92
TRUE OR FALSE: If part of privileges document is read, whole document ceases to be privileged?
TRUE
93
Upon dismissing an interim application if the court concludes that the application was entirely without merit it MUST go on to consider making a civil restraint order?
true
94
What must court do if it concludes that an interim application is entirely without merit?
MUST consider making a civil restraint
95
When does cause of action accrue in contract claims?
cause of action accrues on at date of breach of contract
96
What gives a document litigation privilege?
the document was prepared either during or in contemplation of proceedings
97
When does limitation expire in tort claims?
3 years from date of injury or from knowledge of substantial injury (whichever one is later)
98
What is the limitation period In a claim to recover a contribution from another person in respect of a judgment given in civil proceedings?
2 years
99
TRUE OR FALSE: The cause of action accrues when the breach was discovered in contract claims? Why?
False. it is when breach happens
