W1 Flashcards
What is the purpose of the Civil Procedure Rules (CPR) and the overriding objective?
The purpose of the CPR is to enable courts to deal with cases justly and at proportionate cost. The overriding objective of the CPR is to ensure that parties are on an equal footing, save expense, deal with the case in ways that are proportionate, ensure expeditious and fair handling of cases, allot appropriate share of court resources, and enforce compliance with rules, practice directions, and orders.
How does the court actively manage cases to further the overriding objective?
The court actively manages cases by setting deadlines, directing certain conduct, and imposing sanctions. It does not simply allow the parties to decide how to run the litigation. The court has broad powers to manage the case and ensure that it is handled in a way that aligns with the overriding objective.
What are the additional provisions in the CPR for facilitating the participation of vulnerable witnesses and parties?
The CPR includes provisions guiding how the court should facilitate the participation of vulnerable witnesses and parties. These provisions aim to ensure that parties and witnesses can fully participate in proceedings. The court should take proportionate measures to identify vulnerability, give directions or make appropriate provisions to facilitate participation, and ensure that vulnerable parties and witnesses have the necessary support and accommodations.
How are the English and Welsh languages treated in cases in the civil courts in Wales or having a connection to Wales?
In cases in the civil courts in Wales or having a connection to Wales, the English and Welsh languages are treated on the basis of equality in the administration of justice. The court must be informed if Welsh may be used by any party or witness, and arrangements will be made for the management and listing stages of the case to accommodate the use of Welsh.
What is the purpose of the ‘overriding objective’ in the CPR?
The overriding objective of the CPR is to enable the court to deal with cases justly and at proportionate cost. It involves ensuring that parties are on an equal footing, saving expense, dealing with the case in ways that are proportionate, ensuring expeditious and fair handling of cases, allotting appropriate share of court resources, and enforcing compliance with rules, practice directions, and orders.
Who is responsible for giving effect to the overriding objective in the CPR?
The court is responsible for giving effect to the overriding objective. The court actively manages the case to further the objective by encouraging cooperation, identifying key issues, and making use of technology. The parties are also required to help the court in furthering the overriding objective.
What is the civil standard of proof and how does it apply in a civil case?
The civil standard of proof is on the balance of probabilities. In a civil case, every fact in dispute must be proved by the party who asserts it. The burden of proof lies with the party making the claim or allegation. The standard of proof means that the fact is more likely to be true than not true.
What are the different types of costs that a party might incur in pursuing litigation?
The costs that a party might incur in pursuing litigation include solicitor’s fees, disbursements, court fees, counsel’s fees, expert’s fees, and other miscellaneous costs.
What are the preliminary considerations in resolving a dispute through a civil claim?
The preliminary considerations in resolving a dispute through a civil claim include pre-action protocols, pre-action conduct, and the principles and purpose of pre-action protocols governing particular claims. Failure to follow the terms of pre-action protocols can have consequences for the party.
What competencies do solicitors need to draw on in order to practice effectively in the field of dispute resolution?
Solicitors need to draw on competencies such as acting honestly and with integrity, having a sufficient detailed knowledge and understanding of their field of work, applying critical thinking and analysis to solve problems, and developing and advising on relevant options, strategies, and solutions.
What is the aim of pre-action conduct in resolving disputes?
The aim of pre-action conduct is to set a standard of behavior for parties to follow before issuing proceedings. It encourages parties to focus on resolving the dispute without involving the courts and to act reasonably in exchanging documents and information.
What are the consequences of non-compliance with pre-action protocols?
Non-compliance with pre-action protocols can result in adverse consequences related to costs and interest. The court may also stay the proceedings until the relevant steps are taken. However, minor infringements may not result in sanctions.
Under what circumstances is non-compliance with pre-action requirements justified?
Non-compliance with pre-action requirements may be justified in limited circumstances, such as when a limitation period is about to expire or when there is a need for urgent proceedings or an element of surprise. In such cases, parties must comply to the extent possible and may need to apply for a stay of proceedings.
What is the aim of the Pre-Action Protocols?
The aim of the Pre-Action Protocols is to encourage parties to have a more ‘cards on the table’ approach to resolving disputes. They enable parties to obtain the information they need to settle the matter at the earliest opportunity and lay the foundations for expeditious conduct of proceedings.
What is the purpose of the Practice Direction on Pre-Action Conduct and Protocols?
The Practice Direction on Pre-Action Conduct and Protocols sets a standard of behavior for parties to follow in all cases. It expects parties to act reasonably in exchanging documents and information, and to try to avoid the necessity of commencing court proceedings. If a specific pre-action protocol applies, its provisions take priority over the Practice Direction.
What is the purpose of the practice direction and pre-action protocols?
The parties are supposed to behave reasonably and observe the spirit of the practice direction and pre-action protocols.
What are the claim form and particulars of claim?
The claim form and particulars of claim are documents that the claimant needs to prepare to start the claim and get the proceedings going. They are part of the statements of case.
What does the claimant need to establish when preparing to start a claim?
When preparing to start a claim, the claimant needs to work out which court will or may decide the matter and establish the rules for issuing a claim in that particular court.
What are the circumstances in which non-compliance with pre-action requirements may be justified?
Non-compliance with pre-action requirements may be justified in limited circumstances, such as when a limitation period is about to expire or when there is a need for urgent proceedings or an element of surprise. In such cases, the parties should comply to the extent possible and may need to apply for a stay of proceedings to follow the pre-action procedure.
What are the consequences of non-compliance with pre-action requirements?
The court will decide whether non-compliance with pre-action requirements will merit adverse consequences. The most likely consequences relate to costs and interest, such as increasing the amount of costs or interest to be paid or decreasing the amount to be received. The court may also stay the proceedings until the relevant steps are taken.
What is the purpose of serving documents in the pre-action stage?
Serving documents in the pre-action stage is a critically important procedural step that formally lets the other party know about the claim. It ensures that the defendant is aware of the claim and can respond to it as required by the rules. Serving documents has detailed rules and time limits that must be followed.
What is the purpose of the Practice Direction on Pre-Action Conduct and Protocols?
The Practice Direction on Pre-Action Conduct and Protocols sets a standard of behavior for parties to follow in all cases. It expects parties to act reasonably, exchange documents and information, and try to avoid the necessity of commencing court proceedings. If a specific pre-action protocol applies, its provisions take priority over the Practice Direction.
What are the aims of the Pre-Action Protocol for Personal Injury Claims?
The Pre-Action Protocol for Personal Injury Claims aims to enable the parties to obtain necessary information to settle the matter at the earliest opportunity, lay the foundations for expeditious conduct of proceedings, and limit the issues in dispute. It also encourages the parties to consider negotiation or alternative dispute resolution to avoid court proceedings.
What are the rules regarding service of documents in court proceedings?
The rules regarding service of documents in court proceedings specify the permissible methods of service, which include personal service, post, email, and fax. The claim form must be served within 4 months after issue of the claim form.
What are deemed dates of service?
The rules impose what are called ‘deemed dates of service’ for documents served in court proceedings. These dates determine when the service is considered to have taken place.
Where and how can a claim be issued?
A claim can be issued in either the County Court or the High Court, depending on the nature and value of the claim.
What factors should be considered when deciding in which court to issue a claim?
When deciding in which court to issue a claim, factors such as the financial value of the claim, the complexity of the facts and legal issues, and the importance of the outcome to the public should be considered. The guidelines for deciding which court to choose are provided.
What are the jurisdiction thresholds for the High Court and County Court?
The jurisdiction thresholds for the High Court and County Court vary depending on the type of claim. Non-personal injury claims up to £100,000 must be brought in the County Court, while personal injury claims of less than £50,000 must also be brought in the County Court.
What are the consequences of issuing a claim in the wrong court?
If a claim is issued in the wrong court, the court may transfer the case to the correct court. The claimant may face costs consequences if they issued the claim in the wrong court.
What documents are required to issue a claim at court?
To issue a claim at court, the claimant’s solicitors must take or send copies of the claim form to the appropriate court, along with the court issue fee. Additional documents may be required depending on the specific circumstances of the claim.
What is the significance of the date of issue of the claim form?
The date of issue of the claim form is important as it stops time running for limitation purposes and starts the clock for the time in which the claim form must be served.
What are the different methods of service for court documents?
The permissible methods of service for court documents include personal service, post, email, and fax. Each method has its own rules and requirements.