Litigation Procedure Flashcards
What is the overriding objective of the CPR?
To enable the court to deal with cases justly and at proportionate cost
What are the stages of litigation?
- Pre-action
- Commencing proceedings (claim form and particulars of case)
- Responding to proceedings
- Statements of case
- Allocation
- Case and cost management
- Disclosure and inspection
- Evidence
- Preparations for trial
- Trial
- Enforcement
What are the pre-action protocols?
Set out best practice that should be adopted by parties before the court is involved.
Aim to get the parties thinking about settling, promote proper exchange of information, and get proceedings progressed expeditiously
What does the claim form state?
The nature of the claim and the remedy the claimant seeks
What is in the particulars of claim?
Sets out the case in more detail - a concise statement of facts, the remedy sought and details of interest (if relevant).
May be included on the claim form, or a separate document.
If a separate document, must be served within 14 days of serving the claim form.
How can a defendant respond to a claim?
- File an acknowledgment of service
- Admit the truth of the claim
- Defend the claim
What must a defence consist of?
It must respond to every point raised in the particulars of claim, and whether the defendant admits, denies or requires proof of each point.
What are directions?
A timetable of all the necessary stages of the matter.
Approved by judge at a case management conference.
Which documents disclosed may not be available for inspection?
- If a party no longer has it in their control
- If it is privileged
- If it would be disproportionate to allow inspection
What preparation is taken for trial?
- Considering settlement offers
- Instructing counsel
- Preparing trial bundles
- Ensuring witnesses can attend
