General Matters

Question 1

What is the courts duty to manage cases?

Answer 1

CPR 1.4 -
THE DUTY OF THE COURT TO MANAGE CASES
Court’s duty to manage cases x 11

i) Encourage parties to cooperate
ii) Identify issues early
iii) Dispose of suitable issues summarily
iv) Decide order to resolve issues
v) Encourage/facilitate ADR
vi) fix timetables
vii) Consider costs/benefits
viii) Use time wisely
9. Hearings without parties attending
10. Use technology
11. Directions ensure quick/efficient progression

Question 2

What do you disregard when calculating the value of a claim (x4)?

Answer 2

1. Costs
2. Intrest
3. Contributory negligence
4. Counter Claim

Question 3

What happens if a claim starts in the wrong court? (x 3)

Answer 3

1. transfer at the claimants expense
2. Costs reduced but to 25% if successful
3. Discretion to strike off (generally but not if bon fide mistake)

Question 4

What is the application by the court of the overriding objective?

Answer 4

1. 2. a) Exercises any CPR power

b) Interprets any CPR (subject to limited counter terrorism/sensitive exceptions)

Question 5

Overriding objective – dealing with cases in a way which is proportionate to x 4

Answer 5

i) Money involved
ii) Importance
iii) Complexity
Financial position of the parties

Question 6

Dealing with a case in accordance with the Overriding Objective means x 6

Answer 6

a) Parties on equal footing
b) Saving expense
c) Proportionate
d) Expeditious and fair
e) Appropriate share of court resources
Enforcing compliance with rules, PDs and orders

Question 7

The Overriding Objective - Rule 1.1

Answer 7

Deal with cases justly and at proportionate cost

Question 8

Divisions of the High Court x3

Answer 8

• QBD - where most tort and contract cases start and the administrative court (JR cases) is part of QBD
• ChD - land, trusts and probate
• FamD

Question 9

What does CPR stand for?

Answer 9

Court Control and Compliance with rules and court orders;
Proportionality;
Resolution by efficient and cost effective means

Question 10

What are the duties of the parties in relation to the O.Ob?

Answer 10

1.3 - The parties are required to help the court to further the overriding objective

Question 11

Cases MUST start in High Court if (4 examples)

Answer 11

i) JR
ii) Libel/slander
iii) Human Rights Act s.7(1)(a)
Enforcement of CC order for payment over 5k

Question 12

Generally, cases MAY start in High Court if x3

Answer 12

i) Claim over 100k
ii) PI over £50k (excluding cost/interest)
iii) Enforcement of CC order for payment between 800 and 5k

Question 13

Eligible cases SHOULD start in High Court if needs HC judge due to (x 3)

Answer 13

i) Value at stake
ii) Complexity (facts/law/remedies/procedures)
iii) Public importance

Question 14

What cases cant start in the county court?

Answer 14

The following cannot start in the County court:

1. A claim for damages or other remedy for libel or slander, and
2. claim in which the title to any toll, fair, market or franchise is in question -

Question 15

Generally, what value of claim starts in the County Courts?

Answer 15

Normal claim - Less than £100,000

For PI - Less than £50,000 (excluding interests/costs)