Introduction to CPR and Overriding Objective Flashcards
What do the Civil Procedure Rules (CPR) govern?
a) Criminal trials
b) Civil litigation procedure
c) Arbitration proceedings
d) Employment disputes
b) Civil litigation procedure
Explanation: The CPR governs the procedure of civil litigation in England and Wales, ensuring cases are dealt with fairly and efficiently.
Which rule contains the ‘Overriding Objective’?
a) CPR 3.1
b) CPR 1.1
c) CPR 6.3
d) CPR 4.2
b) CPR 1.1
Explanation: CPR 1.1 sets out the Overriding Objective, which ensures cases are handled justly and at proportionate cost.
What is NOT a factor in achieving the Overriding Objective?
a) Ensuring cases are dealt with expeditiously
b) Promoting fair competition between legal representatives
c) Saving expense
d) Ensuring cases are proportionate in complexity and cost
b) Promoting fair competition between legal representatives
Explanation: The OO focuses on fairness and proportionality in litigation, not on competition between lawyers.
Who must give effect to the Overriding Objective?
a) Only the court
b) Only the parties
c) The court and the parties
d) Only legal representatives
c) The court and the parties
Explanation: CPR 1.2 requires the court to apply the Overriding Objective, while CPR 1.3 requires parties to help the court achieve it.
What is the purpose of the White Book in civil procedure?
a) It is a statute containing the CPR
b) It contains commentary and guidance on the CPR
c) It provides criminal law procedure rules
d) It is a law textbook for university students
b) It contains commentary and guidance on the CPR
Explanation: The White Book (Sweet & Maxwell’s Civil Procedure Service) is a key reference for practitioners and judges, offering commentary, case law, and guidance on the CPR.
A claimant files multiple tactical applications against the defendant without notice, in a claim worth £10,000. They incur £8,000 in legal fees. What might the court do?
a) Allow all costs to be recovered
b) Reduce or refuse cost recovery under the Overriding Objective
c) Strike out the claim
d) Order the defendant to pay the claimant’s costs
b) Reduce or refuse cost recovery under the Overriding Objective
Explanation: The OO ensures proportionality in litigation. Incurring £8,000 in costs for a £10,000 claim is excessive, so the court may limit cost recovery.
A defendant repeatedly delays proceedings without reasonable excuse. How can the court respond under the CPR?
a) Do nothing
b) Allow the case to continue with delays
c) Impose cost sanctions and case management directions
d) Transfer the case to another judge
c) Impose cost sanctions and case management directions
Explanation: The court has a duty under CPR 1.4 to manage cases actively, ensuring they are dealt with expeditiously and fairly.
A witness in a civil case has a speech disability that makes it difficult for them to communicate in court. What should the court do?
a) Ignore the issue and proceed as usual
b) Allow extra time and support to facilitate participation
c) Refuse the witness’s testimony
d) Order the witness to submit written evidence only
b) Allow extra time and support to facilitate participation
Explanation: Under CPR 1A PD, the court must make reasonable adjustments to ensure vulnerable parties and witnesses can fully participate in proceedings.
A civil case is being heard in Wales, and a witness wishes to give evidence in Welsh. What must happen?
a) The witness must translate their evidence into English
b) The court must be informed, and translation facilities arranged if needed
c) The hearing must be conducted entirely in English
d) The witness cannot give evidence in Welsh
b) The court must be informed, and translation facilities arranged if needed
Explanation: The PD on Welsh language cases ensures equal treatment of English and Welsh in civil proceedings. The court must facilitate Welsh-language participation.
A solicitor delays filing court documents for their client in a straightforward case. What principle does this violate?
a) The right to a jury trial
b) The Overriding Objective
c) The rule against hearsay evidence
d) Legal privilege
b) The Overriding Objective
Explanation: Delays contradict the OO (CPR 1.1), which requires cases to be handled expeditiously and fairly.
What happens if a party unreasonably fails to cooperate in case management?
a) The court can impose sanctions, including costs penalties
b) The case is immediately struck out
c) The court must allow the case to proceed as normal
d) The opposing party automatically wins
a) The court can impose sanctions, including costs penalties
Explanation: CPR 1.4 promotes active case management. Courts can penalize parties that fail to cooperate via costs orders or other sanctions.
What is the correct process for referring to a Practice Direction accompanying a CPR rule?
a) CPR 6A PD 3.1
b) 6 PD 3.1
c) Practice Rule 6A
d) PD Rule 6.3
a) CPR 6A PD 3.1
Explanation: The correct citation format for a Practice Direction accompanying a CPR rule is “CPR [Part]A PD [Paragraph]”.
If the court determines that a party is abusing the litigation process, what can it do under CPR 1?
a) Order the party to pay indemnity costs
b) Strike out the claim
c) Impose a costs sanction
d) Any of the above
d) Any of the above
Explanation: The court has wide discretionary powers to sanction abuse of process, including cost penalties and striking out claims.
Which of the following is NOT a duty of the court under CPR 1.4 (Active Case Management)?
a) Encouraging cooperation
b) Making disproportionate cost orders
c) Identifying key issues early
d) Using technology where appropriate
b) Making disproportionate cost orders
Explanation: The OO ensures fairness and proportionality, so the court must not impose disproportionate costs.
How can a party in a civil case ensure their litigation costs are recoverable?
a) Incur unlimited costs as long as they win
b) Ensure their costs are reasonable and proportionate
c) Always hire senior counsel
d) File multiple applications to increase legal fees
b) Ensure their costs are reasonable and proportionate
Explanation: Under CPR 1.1, costs must be proportionate to the claim. Courts may limit cost recovery if expenses are excessive.
