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Civil Litigation > General Matters > Flashcards

General Matters Flashcards

1
Q

What is the process of a claim in the civil courts?

A
  1. Case-management
  2. Pre-Action Conduct (ADR)
  3. Commencement of the Action
  4. Interim Matters
  5. Trial
  6. Post-Trial
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2
Q

Example of Case-management?

A

Costs

Limitation

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3
Q

Example of Pre-Action Conduct

A

Pre-Action disclosure

ADR

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4
Q

Example of Commencement of the Action?

A

Claim form issued
Acknowledgement of Service
Defence

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5
Q

Example of Interim Matters?

A

Small Claims
Fast Track
Multi-Track

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6
Q

Example of Post-Trial?

A

Appeal

Enforcement

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7
Q

Example of Interim Applications?

A

Summary judgment
Default Judgment
Strike Out

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8
Q

Example of Interim Applications?

A

Summary judgment
Default Judgment
Strike Out

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9
Q

Where to start proceedings for cases with a value of less than £100k?

A

County Court

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10
Q

Where to start proceedings for Personal Injury cases with a value of less than £50k?

A

County Court

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11
Q

Where to start proceedings for cases with a value of more than £100k?

A

High Court

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12
Q

Where to start proceedings for Personal Injury cases with a value of more than £50k?

A

High Court

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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

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14
Q

What is the purpose of the overriding objective

A

to enable the court to deal with cases justly and at proportionate cost

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15
Q

What does the overriding objective deal with?

A

Parties on equal footing
Money
Importance
Complexity

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16
Q

TRUE OR FALSE: Court’s have a duty to manage cases?

A

TRUE

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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
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18
Q

TRUE OR FALSE: Court’s have power to make orders of it’s own initiative?

A

TRUE

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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

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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

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21
Q

TRUE OR FALSE: Court MAY make an order of it’s own initiative without hearing the parties?

A

TRUE

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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

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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

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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.

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25
Q

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?

A

Yes,

Prior written agreement between the parties

up to 28days

Not allowed if the court has ordered that it cannot be extended.

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26
Q

TRUE OR FALSE: Pre-Action applications are not classed as urgent?

A

TRUE/FALSE

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27
Q

What is another name for applications which are not urgent?

A

‘With Notice’ Applications

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28
Q

Why are Pre-Action applications called ‘With Notice’ applications?

A

Because they are not classed as urgent

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29
Q

TRUE OR FALSE: Urgent applications are called ‘Without Notice’ applications?

A

TRUE

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30
Q

TRUE OR FALSE: ‘Without Notice’ applications cannot be done before commencement of Trial?

A

False.

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31
Q

TRUE OR FALSE: Pre-Action disclosure is an interim application so must be done in the middle of proceedings? Why?

A

False. Pre-Action disclosure needs to be made before proceedings start

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32
Q

Where can you find non-urgent interim applications in the CPR?

A

CPR Part 23

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33
Q

What must be served on a respondent for interim applications?

A
  1. Application notice
  2. Evidence (unless court orders otherwise)
  3. Draft of requested order
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34
Q

Where must an application for Pre-Action disclosure be made?

A

Any County Court hearing centre unless enactment, rules, PD provides otherwise

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35
Q

Where must an interim application made before a claim has been started be made?

A

Any County Court hearing centre unless enactment, rules, PD provides otherwise

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36
Q

Where must an interim application be made after a claim has been started?

A

application must be made to the County Court hearing centre where the claim was started

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37
Q

Where must an interim application be made after proceedings have finished ?

A

application must be made to the County Court hearing centre dealing with the enforcement of judgment (unless enactment, rules, PD provides otherwise)

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38
Q

What must the application notice include?

If applicant is not a party to proceedings?

A
  1. Order sought and
  2. why it is sought
  3. Title
  4. Claim reference number
  5. Full name of applicant
  6. Request for hearing
  7. Signed
  8. Statement of Truth
  9. Not Party to Proceedings: address/postcode for service
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39
Q

How long before from when notice is served does the the hearing for an interim application take place?

A

Must be atleast 28 days after date of notice

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40
Q

When must an interim application after having been filed have to be served to parties?

A

Atleast 3 clear days before hearing of the interim matter

41
Q

What is the purpose of an Interim application hearing?

A

To decide whether or not the order will be granted by the Court

42
Q

TRUE OR FALSE: If less than 3 clear days notice is given in an interim application then the Court must rescheduled the hearing?

Why?

A

False.

Court may direct that the application be heard anyway

43
Q

When must the application notice be served on parties if the hearing will take place via telephone?

A

As soon as practicable after issuing or atleast 5 clear days before hearing

44
Q

TRUE OR FALSE: A copy of the application notice need not be served if a rule or PD or court order so allows?

A

TRUE

45
Q

How do you calculate clear days?

What should not be counted?

A

Do not include the beginning day
or
The day on which an end event occurs

Weekends, bank holidays, Christmas or Good Friday

46
Q

When may the Court deal with interim applications without a hearing?

A
  1. Parties agree to it and the terms of order sought

2. Court does not consider that a hearing would be appropriate

47
Q

What evidence must be provided with the interim application?

A

Written evidence

48
Q

What must a draft order include?

A
  1. Must set out clearly what respondent must do or not do

2. Must include undertaking to Court

49
Q

TRUE OR FALSE: If a party fails to attend an interim application hearing, it must be rescheduled for when they can? Why?

A

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
Q

TRUE OR FALSE: A Norwich Pharmacal order is a with notice interim application?

A

TRUE

51
Q

TRUE OR FALSE: A Norwich Pharmacal order application cannot be made before the commencement of Trial?

A

False. It can

52
Q

When must ADR be considered?

A

throughout the litigation process

53
Q

Give example(s) of exception to the general rule of giving atleast 3 clear days notice

A
  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
Q

Where does Personal Injury cases take place?

A

Fast Track

55
Q

Within what period from the date of issue must the claim form be served?

A

4 months

56
Q

Costs budgets must be filed and exchanged in which types of cases?

A

all Multi Track Part 7 claims with a value under £10 million.

57
Q

What will need to happen if C applies for security of costs but D cannot afford the claim?

A

The case must be dismissed as an order for security of costs cannot be obtained

58
Q

When must ADR be considered?

A

Throughout litigation process

59
Q

What is a QOCS?

A

Qualified One-way costs shifting

60
Q

When is QOCS relevant?

A

In claims for PI/Death/Fatal accident where C loses

61
Q

What is a stay?

A

imposes a hold on proceedings

62
Q

If both parties request a stay, how long will the stay be for?

A

1 month

63
Q

What happens if D has not admitted/defended or put in a counterclaim and C has not applied for DJ or SJ?

A

Automatic stay for 6 months

64
Q

Who can apply to the court to have a stay lifted?

A

Any party

65
Q

What happens if a stay is lifted?

A

proceedings will continue

66
Q

TRUE OR FALSE: A child MUST have a litigation friend?

A

TRUE

67
Q

TRUE OR FALSE: Any steps taken before a child has a litigation friend has no effect unless court states otherwise?

A

TRUE

68
Q

What is a part 7 claim?

A

Most claims that are not Part 8 claims

69
Q

When does CF have to be served after being issued?

A

4 months

70
Q

How long to serve POC after serving CF if not served together?

A

14days of CF being served

71
Q

What happens if CF is not served and limitation period ends?

A

CF no longer valid

72
Q

When is D deemed to have received CF?

A

After 2 working days

73
Q

If C serves CF on a Monday, when D deemed to have received CF?

A

Wednesday

74
Q

If C serves CF on a Friday, when D deemed to have received CF? Why?

A

Tuesday

Do not count weekends

75
Q

TRUE OR FALSE: D is deemed to have received CF after two working days is an irrebuttable presumption? What does this mean?

A

TRUE

means that even if D never receives CF, he is still deemed to have received CF after 2 working days

76
Q

Can C apply to court to extend time limit to serve CF? How?

What type of of application will it be? Why?

A

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
Q

Can C apply to extend time limit to serve CF if time limit is already over? What must be shown?

A

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
Q

What can C do if court refuse to extend time limit to serve CF?

A

C can start a new claim

79
Q

When is POC deemed served?

A

If on working day: 2nd day after

If not on working day: the next working day

80
Q

When must a notice to admit facts be served?

A

no later than 21 days before trial

81
Q

Plainest way to describe set off?

A

What I owe you against what you owe me

82
Q

What can C do if D serves a counterclaim? When should this be done by?

A

C can serve defence to D’s counterclaim.

Served within 14 days of service of counterclaim

83
Q

What is the difference between D’s defence to a claim and C’s defence to a counterclaim?

A

D

  • admit
  • deny
  • further evidence

C

  • admit
  • further evidence
84
Q

TRUE OR FALSE: Court’s permission is needed if a party wishes o file any statement of case after a reply to a counterclaim?

A

TRUE

85
Q

What happens if a person verifies statement of truth without an honest belief in its truth and is found out?

A

Proceedings for contempt of court may be brought against that person

86
Q

What must a person do if an additional claim is served on them?

A

become a party to proceedings

87
Q

Can the court compel parties to enter ADR? Why?

A

No. can only recommend

88
Q

TRUE OR FALSE: Summary judgment can be applied for even if D has not yet filed Defence, AOS?

A

False.

89
Q

Features of Part 8 claim?

A
  • 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
Q

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?

A

apply for court’s permission so he can use it

91
Q

What entitles a party to make an interim application without giving the 3 days’ formal notice required?

A
  • exceptional urgency
  • need for secrecy
  • court permits
  • parties agree
  • court order, rule, PD allows
92
Q

TRUE OR FALSE: If part of privileges document is read, whole document ceases to be privileged?

A

TRUE

93
Q

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?

A

true

94
Q

What must court do if it concludes that an interim application is entirely without merit?

A

MUST consider making a civil restraint

95
Q

When does cause of action accrue in contract claims?

A

cause of action accrues on at date of breach of contract

96
Q

What gives a document litigation privilege?

A

the document was prepared either during or in contemplation of proceedings

97
Q

When does limitation expire in tort claims?

A

3 years from date of injury or from knowledge of substantial injury (whichever one is later)

98
Q

What is the limitation period In a claim to recover a contribution from another person in respect of a judgment given in civil proceedings?

A

2 years

99
Q

TRUE OR FALSE: The cause of action accrues when the breach was discovered in contract claims? Why?

A

False. it is when breach happens

Civil Litigation (12 decks)

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