Preliminary Issues

Question 1

What is the overriding objective in civil cases?

Answer 1

To deal with the case justly and at a proportionate cost.

Question 2

Overriding Objective factors

Answer 2

1. Ensuring the parties are on equal footing.
2. Saving expense.
3. Dealing with the case proportionately to the sum at issue, importance of the case, complexity and the financial position of each party.
4. Dealing with the case expeditiously and fairly.
5. Allocating the appropriate court resources (taking into account the need to allocate resources to other cases).
6. Enforcing compliance with rules, practice directions and orders.

Question 3

Definition of a vulnerable person under the CPR

Answer 3

Someone who’s participation in proceedings or ability to give evidence is adversely affected.

Note – court must identify VPs and give directions to facilitate their participation.

Question 4

Burden of proof and standard

Answer 4

1. The burden is on the party trying to ascertain a fact.
2. The standard is the balance of probabilities.

Question 5

Limitation period – personal injury claims

Answer 5

3 years from when the cause of action accrued or date of knowledge.

Question 6

Limitation period – fatal accidents

Answer 6

3 years from the date of death or date of knowledge of the dependant.

Question 7

Definition of ‘date of knowledge’ for limitation periods

Answer 7

Date when the knowledge becomes:
1. Significant i.e. pain started;
2. Attributable to the wrongdoing (at least in part) i.e. confirmed by doctor;
3. Defendant is identified;
4. Where the wrongdoing is by other than D, the identity of that person and additional facts required to bring the claim i.e. employer.

Note – includes knowledge that the claimant might have been reasonably expected to acquire.

Question 8

When will extension of times be granted for limitation periods?

Answer 8

When equitable after balancing the prejudice to the claimant and the defendant.

Considerations – parties’ conduct; reason for delay; effect of late claim.

Question 9

Limitation period – contributions

Answer 9

2 years from the date on which the right to recover the contribution arose, calculated as:

1. Date when the judgment imposing liability on the first party was given.
2. If the first party agreed to make payment, the date on which the amount to be paid was agreed.

Question 10

Limitation period – latent damage negligence

Answer 10

6 years from:
1. Cause of action accrued; or
2. Requisite knowledge (material facts about the damage) and right to bring a claim.

Question 11

Limitation period – Enforcement of judgments

Answer 11

6 years from when the judgment became enforceable (afterwards no recovery of sum or interest).

Question 12

Limitation period – contract

Answer 12

6 years from when the cause of action accrued i.e. breach.

Question 13

Limitation period – tort

Answer 13

6 years from when the cause of action accrued i.e. date of actionable damage (damage manifests itself).

Question 14

If the claimant suffers from a disability how does this affect limitation periods?

Answer 14

Limitation period starts to run from the end of the disability.

Note – a minor lacks capacity to conduct proceedings under the Mental Capacity Act.

Question 15

How do fraud, concealment or mistake affect limitation periods?

Answer 15

Limitation period des not start to run until the claimant discovers the fraud, concealment or mistake.