W1

Question 1

What is the purpose of the Civil Procedure Rules (CPR) and the overriding objective?

Answer 1

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.

Question 2

How does the court actively manage cases to further the overriding objective?

Answer 2

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.

Question 3

What are the additional provisions in the CPR for facilitating the participation of vulnerable witnesses and parties?

Answer 3

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.

Question 4

How are the English and Welsh languages treated in cases in the civil courts in Wales or having a connection to Wales?

Answer 4

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.

Question 5

What is the purpose of the ‘overriding objective’ in the CPR?

Answer 5

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.

Question 6

Who is responsible for giving effect to the overriding objective in the CPR?

Answer 6

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.

Question 7

What is the civil standard of proof and how does it apply in a civil case?

Answer 7

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.

Question 8

What are the different types of costs that a party might incur in pursuing litigation?

Answer 8

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.

Question 9

What are the preliminary considerations in resolving a dispute through a civil claim?

Answer 9

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.

Question 10

What competencies do solicitors need to draw on in order to practice effectively in the field of dispute resolution?

Answer 10

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.

Question 11

What is the aim of pre-action conduct in resolving disputes?

Answer 11

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.

Question 12

What are the consequences of non-compliance with pre-action protocols?

Answer 12

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.

Question 13

Under what circumstances is non-compliance with pre-action requirements justified?

Answer 13

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.

Question 14

What is the aim of the Pre-Action Protocols?

Answer 14

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.

Question 15

What is the purpose of the Practice Direction on Pre-Action Conduct and Protocols?

Answer 15

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.

Question 16

What is the purpose of the practice direction and pre-action protocols?

Answer 16

The parties are supposed to behave reasonably and observe the spirit of the practice direction and pre-action protocols.

Question 17

What are the claim form and particulars of claim?

Answer 17

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.

Question 18

What does the claimant need to establish when preparing to start a claim?

Answer 18

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.

Question 19

What are the circumstances in which non-compliance with pre-action requirements may be justified?

Answer 19

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.

Question 20

What are the consequences of non-compliance with pre-action requirements?

Answer 20

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.

Question 21

What is the purpose of serving documents in the pre-action stage?

Answer 21

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.

Question 22

What is the purpose of the Practice Direction on Pre-Action Conduct and Protocols?

Answer 22

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.

Question 23

What are the aims of the Pre-Action Protocol for Personal Injury Claims?

Answer 23

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.

Question 24

What are the rules regarding service of documents in court proceedings?

Answer 24

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.

Question 25

What are deemed dates of service?

Answer 25

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.

Question 26

Where and how can a claim be issued?

Answer 26

A claim can be issued in either the County Court or the High Court, depending on the nature and value of the claim.

Question 27

What factors should be considered when deciding in which court to issue a claim?

Answer 27

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.

Question 28

What are the jurisdiction thresholds for the High Court and County Court?

Answer 28

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.

Question 29

What are the consequences of issuing a claim in the wrong court?

Answer 29

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.

Question 30

What documents are required to issue a claim at court?

Answer 30

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.

Question 31

What is the significance of the date of issue of the claim form?

Answer 31

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.

Question 32

What are the different methods of service for court documents?

Answer 32

The permissible methods of service for court documents include personal service, post, email, and fax. Each method has its own rules and requirements.

Question 33

What is the purpose of service in court proceedings?

Answer 33

Service in court proceedings is the process of giving a document to another party in a way that is recognized by the court. It is an essential step to ensure that all parties are properly informed and have the opportunity to respond.

Question 34

What are the considerations for who will effect service of the claim form?

Answer 34

The claim form may be served either by the court or by the claimant or their solicitor. The choice of who will effect service depends on various factors and circumstances.

Question 35

What happens if the court is unable to serve the claim form?

Answer 35

If the court is unable to serve the claim form for any reason, the claimant will be sent a notice of non-service. It is then up to the claimant to try to serve the claim form on the defendant

Question 36

What are the permissible methods of serving a claim form?

Answer 36

The permissible methods of serving a claim form include personal service, leaving the document at a permitted address, first class post, document exchange (DX), fax, other electronic methods (such as email), and any other method authorized by the court.

Question 37

What is personal service and when is it used?

Answer 37

Personal service means physically leaving the claim form with the defendant if they are an individual, or with an appropriate person in the case of a company or similar legal entity. Personal service is used when the claimant wishes to serve the claim form themselves.

Question 38

What is the time limit for serving a claim form after it is issued?

Answer 38

The time limit for serving a claim form after it is issued is before 12:00 midnight on the calendar day four months after the date of issue. If the claim form is not served within this time, the claim will fail automatically.

Question 39

What happens if the claim form is not served within the time limit?

Answer 39

If the claim form is not served within the time limit, the claim will fail automatically. If the claimant still wishes to pursue the claim, they will need to issue a new claim and pay the court fee again.

Question 40

Under what circumstances can an extension of time be granted for serving the claim fo

Answer 40

An extension of time for serving the claim form may be granted if it is not possible to serve within the time limit. The claimant would need to apply to the court for an extension of time and show good reasons for the extension.

Question 41

What is the deemed date of service for a claim form?

Answer 41

The deemed date of service for a claim form is the second business day after the completion of the relevant step. This applies regardless of the method of service used.

Question 42

What is the purpose of serving the particulars of claim?

Answer 42

The purpose of serving the particulars of claim is to set out the claimant's claim in detail. The claimant can choose to include the particulars of claim within the claim form itself or serve them as a separate document.

Question 43

When must the particulars of claim be served?

Answer 43

If the particulars of claim are contained in or served with the claim form, they must be served within 14 days of service of the claim form and within the period of validity of the claim form. If the particulars of claim are to follow, they must be served within 4 months of issue.

Question 44

What happens after the claim form and particulars of claim are served on the defendant?

Answer 44

After the claim form and particulars of claim are served on the defendant, the defendant is required to respond to the particulars of claim if they wish to contest the claim. The defendant's response is the focus of elements in the topic 'Responding to proceedings'.

Question 45

What is the 'relevant step' in serving a claim form by post?

Answer 45

The 'relevant step' in serving a claim form by post is posting the claim form.

Question 46

When is a claim form deemed served when served by email?

Answer 46

A claim form served by email is deemed served on the second business day after the sending of the email.

Question 47

What should solicitors do to ensure accurate record-keeping in relation to the service of a claim form?

Answer 47

Solicitors should keep a record of the date on which the claim form was dispatched as this might be challenged.

Question 48

What are the rules regarding the service of particulars of claim?

Answer 48

The particulars of claim can be included within the claim form or in a separate document. If they are contained in the claim form or served with the claim form, the rules on deemed service of the claim form apply. If the particulars of claim are served separately from the claim form, they must be served within 14 days after the service of the claim form.

Question 49

What is the deemed date of service for documents other than the claim form?

Answer 49

The deemed date of service for documents other than the claim form varies according to the method of service chosen. For instant methods like personal service, fax, email, delivering/leaving at a permitted address, the document is deemed served the same day if done before 4:30pm on a business day. Otherwise, it is deemed served the next business day. For non-instant methods like post or DX, the document is deemed served on the second day after posting/giving to DX provider, if it is a business day. Otherwise, it is deemed served the next business day.

Question 50

What happens if the claim form and particulars of claim are in the same envelope but served separately?

Answer 50

If the claim form and particulars of claim are attached to or served with the claim form in a separate document and contained in the same envelope, there is ambiguity in the rules. It is unclear whether the rules and time limits for deemed service of the claim form apply to the particulars of claim as well. This could lead to the claim form and particulars of claim being deemed served on different dates.

Question 51

What should a party assume when responding to proceedings regarding the service of particulars of claim?

Answer 51

A party responding to proceedings should assume that the particulars of claim are served at the earliest possible date. If the particulars of claim are served separately from the claim form within 14 days after the service of the claim form, the rules for documents other than the claim form apply to the particulars of claim.

Question 52

What is the purpose of statements of case?

Answer 52

Statements of case inform every other party and the judge about what a client says about its case and the points of agreement and dispute on the factual matters in issue between the parties. They help the case proceed efficiently and determine the live issues for trial.

Question 53

What are the methods of serving a claim form?

Answer 53

A claim form can be served personally on the defendant, delivered or left at a permitted address, sent by first-class post, fax, email, or document exchange (DX). However, fax and email can only be used if the defendant has indicated that they are acceptable.

Question 54

What is the deadline for completing the relevant step to serve a claim form by post?

Answer 54

The relevant step to serve a claim form by post, which is posting the claim form, must be completed before 12:00 midnight on the calendar day four months after the date of issue of the claim form.

Question 55

What happens if the claim form is not served within the deadline?

Answer 55

If the claim form is not served within the deadline and the court does not grant an extension of time, new proceedings will need to be commenced.

Question 56

What are the rules for serving documents other than the claim form?

Answer 56

The deemed date of service for documents other than the claim form varies according to the method of service chosen. For instant methods like personal service, fax, email, or leaving at a permitted address, the document is deemed served immediately if done before 4:30pm on a business day. Otherwise, it is deemed served the next business day. For non-instant methods like post or DX, the document is deemed served on the second day after posting/giving to DX provider, if it is a business day. Otherwise, it is deemed served the next business day.

Question 57

What is the deemed date of service for particulars of claim served separately from the claim form?

Answer 57

If the particulars of claim are served separately from the claim form within 14 days after the service of the claim form, the rules for documents other than the claim form apply. The deemed date of service varies depending on the method of service chosen.

Question 58

What should a claimant assume when serving particulars of claim separately from the claim form?

Answer 58

A claimant should assume that the particulars of claim are served at the earliest possible date. If the particulars of claim are served separately from the claim form within 14 days after the service of the claim form, the rules for documents other than the claim form apply to the particulars of claim.

Question 59

What is the purpose of serving statements of case?

Answer 59

Statements of case inform every other party and the judge about what a client says about its case and the points of agreement and dispute on the factual matters in issue between the parties. They help the case proceed efficiently and determine the live issues for trial.

Question 60

Why are accurate and concise statements of case important in a claim?

Answer 60

Accurate and concise statements of case are important in a claim because they set out the parties' claims in the correct way. They need to include all relevant points to prevent the omission of important points that a party wishes to make.

Question 61

What is the purpose of the format of a statement of case?

Answer 61

The format of a statement of case is important to ensure that the documents conform to a certain standard and are easily recognizable and familiar to everyone involved. It includes elements such as the case heading, which must be set out in a clear and uniform way.

Question 62

What are the consequences of serving deficient statements of case?

Answer 62

Serving deficient statements of case can have various consequences. It may require formal amendment, which can involve the court's permission and impact other statements of case. There can be costs consequences, tactical disadvantages, and wasted time for the court and parties involved.

Question 63

Why is a statement of truth necessary in every statement of case?

Answer 63

A statement of truth is necessary in every statement of case as it is a formal way of confirming that the contents of the statement of case are true. It serves as a reminder that proceedings for contempt of court may be brought against anyone who makes a false statement in a document verified by a statement of truth.

Question 64

What are the key elements that must be included in a claim form?

Answer 64

A claim form must include the names and addresses of the parties, brief details of the claim and remedy sought, a statement of the value of the claim, and a jurisdictional endorsement if the High Court is chosen. Particulars of claim may be included in the claim form or in a separate document.

Question 65

Why do statements of case matter in legal proceedings?

Answer 65

Statements of case are important documents in legal proceedings as they set out the parties' positions in relation to the factual basis of the claim and the entitlement to relief. They need to be concise, clear, correct, and comply with necessary content requirements and formatting rules.

Question 66

What are the requirements for the case heading in a statement of case?

Answer 66

Every statement of case must be headed with the title of the proceedings. The title should include the court and/or division, the claim number, and the full name and status of each party in the proceedings.

Question 67

What are the general rules that apply to all statements of case in terms of formatting?

Answer 67

All statements of case must contain numbered paragraphs, consecutively numbered pages, figures for numbers and dates, references to filed documents, the name of the person who drafted the document, and a statement of truth.

Question 68

Why is a statement of truth important in a statement of case?

Answer 68

A statement of truth is important in a statement of case as it is a formal way of confirming that the person signing believes the contents of the document to be true. It serves as a safeguard against making false statements and can lead to proceedings for contempt of court if the contents are found to be untrue.

Question 69

What are the consequences of signing a false statement of truth?

Answer 69

Signing a false statement of truth can lead to proceedings for contempt of court. This can result in sanctions within the proceedings, fines, and even imprisonment in serious cases.

Question 70

Why are statements of case considered crucial documents in legal proceedings?

Answer 70

Statements of case are crucial documents in legal proceedings as they set out the factual basis of the claim and the relief sought by the claimant, as well as the defendant's position in relation to the alleged facts and entitlement to relief. They provide a clear and formal record of the parties' positions.

Question 71

What is the purpose of stating the value of a claim in a claim form

Answer 71

The purpose of stating the value of a claim in a claim form is to comply with CPR 16.3(5). It ensures that if a claimant is making a non-personal injury claim for over £100,000 in the High Court, they state the exact amount of the claim and expect to recover more than £100,000.

Question 72

What factors are not taken into account when working out the value of a claim for the statement of value in the claim form?

Answer 72

When working out the value of a claim for the statement of value in the claim form, no account is taken of interest, costs, counterclaims, set-off, contributory negligence, or state benefits the defendant may be liable to pay under the Social Security (Recovery of Benefits) Act 1997.

Question 73

What should the particulars of claim include?

Answer 73

The particulars of claim must include a concise statement of the facts on which the claimant relies. They should cover the essential elements of the claimant's cause (or causes) of action and articulate the material facts and allegations showing a duty owed by the defendant to the claimant, breach of that duty, and that the breach caused recoverable loss. Additionally, there are specific requirements for certain types of claims, such as claims based on written or oral agreements or personal injury claims.

Question 74

What is the purpose of the particulars of claim in relation to the claimant's case?

Answer 74

The particulars of claim set out the claimant's case in full detail and serve as the claimant's main statement of case. It is referred to by the court and all parties as the claimant's main statement of case and helps identify the basis of the claimant's claim.

Question 75

What should the particulars of claim include in relation to interest?

Answer 75

If the claimant seeks interest, the particulars of claim must include a statement to that effect and provide the details of the interest being claimed. The legal basis for claiming interest may be set out in a contract between the parties or there may be a statutory right to interest. The particulars of claim should specify the applicable percentage rate, the dates from/to which interest is being claimed, the total amount claimed up to the issue of the claim form, and the daily rate of interest thereafter.

Question 76

What are the requirements for claiming interest in the particulars of claim?

Answer 76

A claimant has the right to claim interest on the principal amount being claimed to compensate for the delay in receiving the money. The legal basis for claiming interest may be set out in a contract between the parties or there may be a statutory right to interest. The particulars of claim should include a statement to that effect and provide the details of the interest being claimed.

Question 77

What are the specific requirements for the particulars of claim in certain types of claims?

Answer 77

In certain types of claims, there are specific requirements for the particulars of claim. For example, a claim based on a written agreement must attach the written agreement, while a claim based on an oral agreement must set out the words spoken, by whom, to whom, when, and where. Personal injury claims must include the claimant's date of birth, details of injuries, a schedule of past and future expenses/losses, and any medical expert report. There are also detailed rules for claiming interest and setting it out in the particulars of claim.

Question 78

What is the purpose of the particulars of claim in relation to the claimant's cause of action?

Answer 78

The particulars of claim must cover the essential elements of the claimant's cause (or causes) of action. They should set out all the material facts and allegations that, if proved by evidence, would entitle the claimant to the remedy they seek as a matter of law. The particulars of claim should articulate the duty owed by the defendant to the claimant, breach of that duty, and that the breach caused recoverable loss.

Question 79

What is the structure of the particulars of claim?

Answer 79

The particulars of claim follow a logical structure. They start by introducing each party and setting out the relevant duty or duties, including any necessary background facts. The breach or breaches are specified, followed by the pleading of causation linked to the breach. The particulars of claim should also set out the loss and interest claim. Finally, they close with a summary of the remedies sought by the claimant, known as the 'prayer'.

Question 80

What is the purpose of the prayer in the particulars of claim?

Answer 80

The prayer in the particulars of claim provides a quick means for the court and the defendant to ascertain what the claimant actually wants. It summarizes the remedies sought by the claimant.

Question 81

What happens if a claim is partly specified and partly unspecified in relation to the particulars of claim?

Answer 81

If a claim is partly specified and partly unspecified, there is a choice in how to treat the two claims. They can be treated separately, with interest worked out for the specified claim and a general claim made for the unspecified claim. Alternatively, the two claims can be treated together as an unspecified claim if the total amount comes to an unspecified claim. The statutory provisions for interest claims depend on the circumstances and are within the court's discretion.