General Matters (Syllabuse T1) Flashcards
The Overriding Objective
(1) These rules are a new procedure all code with the overriding objective of enabling the court to deal with cases _____ and at _________ cost.
Fairly
Proportionate cost
The Overriding Objective
(2) Dealing with a case justly and at proportionate cost includes, so far as is practicable —
(A) Ensuring that the parties are on an ____ ____;
(B) saving ____;
(C) deal with the case in ways which are proportionate-
(i) to the amount of ____ involved;
(ii) to the ______ of the case;
(iii) to the ______ of the issues; and
(iv) to the ______ positions of each ____;
(D) ensuring that it is dealt with ______ and _____;
(E) allotting to it an appropriate share of the court’s resources, while taking into account the need to allot resources to _____ cases; and
(F) enforcing _______ with rules, PDs and orders.
(A) equal footing (B) expense (i) money (ii) importance (iii) complexity (iv) financial position of each party (D) expeditiously and fairly (E) other (F) compliance
CPR 1.2
When must the Court seek to give effect to the overriding objective?
CPR 1.3
What are the parties obligations in relation to the overriding objective?
1.2
When it exercises any power given to it by the Rule or interprets any rule
1.3
Parties are required to help the court to further the overriding objective
CPR 1.4
(1) The court must _____ the overriding objective by ________ _______ cases.
Further
Actively
Managing
CPR 1.4
Give some example of what is included under ‘active case management’
(a) encouraging the parties to co-operate with each other in the conduct of the proceedings;
(b) identifying the issues at an early stage;
(c) deciding promptly which issues need full investigation and trial and accordingly disposing summarily of the others;
(d) deciding the order in which issues are to be resolved;
(e) encouraging the parties to use an alternative dispute resolution(GL)procedure if the court considers that appropriate and facilitating the use of such procedure;
(f) helping the parties to settle the whole or part of the case;
(g) fixing timetables or otherwise controlling the progress of the case;
(h) considering whether the likely benefits of taking a particular step justify the cost of taking it;
(i) dealing with as many aspects of the case as it can on the same occasion;
(j) dealing with the case without the parties needing to attend at court;
(k) making use of technology; and
(l) giving directions to ensure that the trial of a case proceeds quickly and efficiently.
When should a Claimant start proceedings in the High Court?
When the value of the claim is more than £100,000
PD 7A, 2.1
Or when proceedings include a claim for damages in respect of personal injury if the value of the claim is £50,000 or more
PD 7A, 2.2
When should a claimant start proceedings in the County Court?
If the value of the claim is £100,000 or less
Or for PI claims, if the value of the claim is less than £50,000
PD 7A, 2.1-2
When calculating how much the Claimant expects to recover what must the Claimant disregard?
Any possibility that he court may make an award of ... INTEREST, COSTS, CONTRIBUTORY NEGLIGENCE, or SET OFF & COUNTERCLAIM
CPR 16.3(6)
When does the PD-PAC apply?
Applies to all disputes where no specific pre-action protocol applies
When incurring costs in order to comply with the PD-PAC what should the parties bare in mind?
Parties must ensure that all costs incurred in complying with should be proportionate
When disproportionate costs are incurred, those costs will not be recoverable as part if the costs of the proceedings
What is the first step in the PD-PAC?
What should this include?
Does the D need to acknowledge this, what does D then need to do?
1st = C should write to D - letter of claim - setting out concise details of the claim.
Letter of claim should include: basis on which the claim is made, a summary of the facts, what the C wants from the D, and if money, how the amount is calculated
D does NOT need to acknowledge, they then have a reasonable period period to respond, in which time they can investigate the claim = 14 days in straight forward claim up to 3 months in complex claim
What should the D’s full response include?
Confirmation as to whether the claim is accepted and of it is not accepted, the reasons why
Explanation as to which facts/parts of the claim are disputed
If the D is making a counterclaim + details of it if they are
What is the penultimate step in following the PD-PAC?
Stocktake
Parties need to step make and weigh up the strengths and weaknesses of the claim, then need to consider whether to settle or issue proceedings
Compliance with the PD-PACe
14. The court may decide that there has been a failure of compliance when a party has—
(A) not provided _____________ to enable the objectives (of the PD-PAC);
(B) not acted within a ____ ____ set out in the relevant protocol, or within a ________ period; or
(C) ________ refused to use a form of ____, of failed to respond at all to an _________ to do so.
(A) sufficient information
(B) time limit / reasonable
(C) unreasonably / ADR / invitation
When does the Personal Injury Protocol - PIP - apply?
Applies to potential fast track cases with a value of up to £25,00 but general approach should still be followed in larger claims - except when specific protocol applies
What should a C do if they have to issue proceedings due to expiration of the limitation period?
C’s solicitor should give as much notice of the internet on to issue proceedings as is practicable
Do LiP need to comply with the PIP?
Para 1.7
Yes … they should, so far as reasonably possible, comply with the protocol
What is a letter of notification, when should it be sent?
Does this start the timetable for the letter of response?
Does the letter of notification need to be acknowledged?
Letter outlining the relevant information, when the C wishes to notify D as soon as they know a claim is likely but before they are able to send detailed letter of claim
Especially relevant when D has no idea about a possible claim
Does not start the timetable for the letter of response, but should be acknowledged within 14 days of receipt
