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Introduction Flashcards

1
Q

Which courts are courts of first instance in civil matters?

A

County Court and High Court.

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2
Q

Which courts cannot be used to commence claims?

A

Court of Appeal and Supreme Court.

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3
Q

Where must a personal injury claim worth £40,000 be started?

A

County Court.

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4
Q

What is the financial threshold for starting a non-personal injury claim in the County Court?

A

£100,000 or less.

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5
Q

What is the financial threshold for starting a personal injury claim in the County Court?

A

Less than £50,000.

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6
Q

What are the three divisions of the High Court?

A

King’s Bench Division, Chancery Division, and Family Division.

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7
Q

Which division of the High Court handles family and matrimonial matters?

A

Family Division.

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8
Q

Which High Court division contains the Administrative Court?

A

King’s Bench Division.

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9
Q

Which High Court division handles professional negligence, PI, breach of contract?

A

King’s Bench Division (General KBD list).

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10
Q

Which court hears judicial review cases?

A

Administrative Court.

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11
Q

Which court hears appeals/applications related to planning matters?

A

Planning Court.

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12
Q

Which court handles complex international commercial disputes?

A

Commercial Court.

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13
Q

What types of cases are heard in the Circuit Commercial Courts?

A

Commercial contracts, insurance, banking, professional negligence.

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14
Q

Which court deals with construction and engineering disputes?

A

Technology and Construction Court.

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15
Q

What does the Admiralty Court deal with?

A

Shipping and maritime cases.

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16
Q

In which division is the Insolvency and Companies List found?

A

Chancery Division.

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17
Q

Which list in the Chancery Division deals with tax disputes involving HMRC?

A

Revenue List.

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18
Q

What does the Competition List handle?

A

Competition law disputes.

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19
Q

What does the Business List in the Chancery Division cover?

A

Business structure, directors’ duties, contract/tort claims, pensions, financial services.

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20
Q

What list handles landlord and tenant disputes, probate, and trusts?

A

Property, Trusts and Probate List.

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21
Q

Which list deals with patents and registered designs?

A

Intellectual Property List.

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22
Q

Which list is shared by both KBD and Chancery Division?

A

Financial List.

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23
Q

What is the minimum value for a claim to be eligible for the Financial List?

A

£50 million.

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24
Q

Where are Business and Property Courts located?

A

London, Birmingham, Bristol, Leeds, Liverpool, Manchester, Newcastle, and Cardiff.

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25
Which court hears appeals from the High Court?
Court of Appeal (Civil Division).
26
What is required to appeal to the Supreme Court?
Permission and issue of general public importance.
27
Who is the most senior judge in England and Wales?
Lord Chief Justice.
28
Who is the President of the Civil Division of the Court of Appeal?
Master of the Rolls.
29
Who is the head of the Family Division?
President of the Family Division.
30
Who is the head of the King's Bench Division?
President of the King's Bench Division.
31
Who is the head of the Chancery Division?
Chancellor of the High Court.
32
How do you address a Supreme Court judge?
"My Lord" or "My Lady".
33
How do you address a High Court judge?
"My Lord" or "My Lady".
34
How do you address a Circuit Judge in the County Court?
"Your Honour".
35
How do you address a District Judge?
"Judge".
36
Can solicitors conduct advocacy in the County Court without Higher Rights of Audience?
Yes.
37
What courts require Higher Rights of Audience for solicitors?
High Court, Court of Appeal, and Supreme Court.
38
What are the Civil Procedure Rules (CPR)?
Rules governing the procedure of civil litigation in England and Wales, divided into Parts and supplemented by Practice Directions.
39
Are both the CPR and Practice Directions binding?
Yes, both are binding and must be read together.
40
What is the overriding objective under CPR 1.1?
To enable the court to deal with cases justly and at proportionate cost.
41
What factors are considered under the overriding objective?
Equality between parties, saving expense, proportionality, expeditious and fair handling, proper allocation of resources, and compliance with rules.
42
Who must give effect to the overriding objective?
The court (CPR 1.2) and the parties (CPR 1.3).
43
How does the court help achieve the overriding objective?
By actively managing cases (CPR 1.4), encouraging cooperation, using technology, and identifying key issues.
44
What is the White Book?
A commentary used by practitioners and judges containing interpretations and relevant case law; not law itself.
45
What is an example of conduct that may breach the overriding objective?
Making numerous tactical applications in a low-value, straightforward claim without notice to the other party.
46
What sanctions may the court impose for breaching the overriding objective?
Costs sanctions, limiting recoverable costs, or procedural penalties.
47
What does Practice Direction 1A cover?
Participation of vulnerable parties or witnesses in civil proceedings.
48
What makes someone a ‘vulnerable’ party or witness under PD 1A?
Factors affecting their ability to participate or give evidence, e.g., language difficulties, age, mental/physical impairments.
49
What can the court do to support vulnerable parties or witnesses?
Provide extra time, support at hearings, adjust advocacy, and give directions to facilitate participation.
50
What does the Practice Direction on the Welsh language state?
English and Welsh must be treated equally in Welsh civil cases or those connected to Wales.
51
What must parties do if Welsh may be used in a case?
Inform the court at directions questionnaire, pre-trial checklist, or interim hearing stages.
52
What happens if a party fails to comply with the Welsh language PD?
They may face a costs order.
53
What are the four pervasive concerns in civil litigation?
The CPR, overriding objective, costs, and the burden and standard of proof.
54
What CPR rules relate to costs?
CPR 44.2 to 44.5.
55
Why are costs important in litigation?
They significantly influence how parties approach litigation and settlement.
56
What are disbursements?
Costs other than solicitor's fees, such as court fees, counsel’s fees, expert fees, and travel expenses.
57
What is the general rule on inter partes costs under CPR 44.2(2)?
The unsuccessful party pays the costs of the successful party.
58
Can the court make a different order on costs?
Yes, considering conduct, partial success, and other factors (CPR 44.2).
59
Does a successful party recover all its costs?
Not always—only reasonable and proportionate costs are generally recoverable.
60
What practical implications do costs have for litigants?
They must plan for funding their own costs and the risk of paying the opponent’s costs.
61
In a £120,000 breach of contract claim, what might typical litigation costs be?
£40,000, including solicitor, counsel, court, expert, and other fees.
62
If the claimant wins but the court allows only 60% recovery of costs, what happens?
Claimant recovers £24,000 of £40,000 costs; must cover the remaining £16,000 themselves.
63
What happens if a claimant loses a trial with £40,000 in legal costs?
They pay their own costs and potentially £24,000 of the defendant’s costs—totaling a £64,000 loss.
64
What should a party consider regarding costs before trial?
Their own funding, the proportion of costs recoverable, and the risk of paying the opponent’s costs.
65
How does the court determine whether to depart from the general rule on costs?
By evaluating conduct, success on issues, offers made, and proportionality.
66
What does CPR 1.4 emphasize about court management?
The court actively manages cases to further the overriding objective, not leaving it solely to the parties.
67
What is case analysis in civil litigation?
An investigation of legal issues to determine what must be proved or disproved. It informs strategy, cost estimates, and is reviewed throughout the case.
68
Why is case analysis important at the outset?
It helps inform the decision to bring/respond to a claim, strategy for the case, and cost budgeting.
69
What are the four elements typically considered in a case analysis?
Duty, breach, causation, and loss.
70
What should be considered under 'duty' in a case analysis?
Whether a contract or tortious/statutory duty exists between the parties.
71
What does 'breach' refer to in case analysis?
Whether there was a breach of contract or tortious duty, based on evidence.
72
What does 'causation' assess in case analysis?
Whether the breach caused the claimant's loss.
73
What are the key points under 'loss' in case analysis?
The remedy sought, foreseeability (remoteness), and amount of the loss.
74
What additional factors are considered alongside case analysis?
Parties involved, limitation issues, and supporting facts/evidence.
75
Example of a civil claim: What duty existed in the road traffic case?
A common law duty to take reasonable care on the highway.
76
Example: What breach occurred in the road traffic case?
The defendant allegedly failed to drive with reasonable care.
77
Example: What was the causation in the road traffic case?
Neck injury caused by the accident.
78
Example: What was the loss claimed in the road traffic case?
£25,000 for injury, treatment, ongoing issues, and lost earnings.
79
Example: Who are the possible defendants in the road traffic case?
The delivery driver and potentially their employer (vicarious liability).
80
Example: What limitation issue is considered in the road traffic case?
Whether the claim is brought within 3 years from the injury or knowledge.
81
Who bears the burden of proof in a civil case?
The party who asserts a fact or legal issue bears the burden of proving it.
82
What must the claimant prove in negligence and contract claims?
Negligence: duty, breach, causation, loss. Contract: existence and terms, breach, causation, loss.
83
What must the defendant prove in a civil case?
Contributory negligence and why their version of facts is correct.
84
What is the standard of proof in civil cases?
The balance of probabilities – a fact is proved if more likely than not.
85
What are 'facts in issue'?
The conflicting facts between parties based on their statements of case.
86
What is a formal admission under CPR 32.18?
An admission made in the statements of case or in response to a notice to admit facts.
87
What is a presumption in civil law?
A fact accepted as true until proven otherwise, e.g. res ipsa loquitur.
88
What does 'res ipsa loquitur' mean?
'The facts speak for themselves' – indicates negligence is evident from the facts alone.
89
What is an inference of fact?
A common sense conclusion drawn from established primary facts.
90
Summary: What are the three key points for case analysis and proof?
Case analysis should address duty, breach, causation, and loss; the burden of proof lies with the party asserting a fact; standard of proof is balance of probabilities.

Dispute Resolution (4 decks)

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