Context and Preliminary Considerations

Question 1

What is the mantra underpinning CPR 1998?

Answer 1

Litigation as a last resort

Question 2

What two types of case are heard in the County Court?

Answer 2

Money only under £100k, personal injury under £50k

Question 3

What are three divisions of the High Court and what cases does each deal with?

Answer 3

Queens Bench - contract and tort / Chancery - wills and inheritance disputes, company law and bankruptcy / Family - family (e.g. adoption).

Question 4

What do Masters deal with in the High Court?

Answer 4

Interim applications and case management matters

Question 5

What do High Court Judges do?

Answer 5

Primarily deal with trials but will also deal with interim applications and case management as appropriate

Question 6

What do District Judges do in District Registries?

Answer 6

Interim applications and case management matters

Question 7

Who is a court manager?

Answer 7

The senior civil servant in charge of a court office. Court docs are addressed to them and they are supported by administrative staff.

Question 8

What do ushers do?

Answer 8

Ushers are present when the court is sitting, they may wear legal robes. They note who is in attendance, swear witnesses at trials and ensure court lists are efficiently dealt with.

Question 9

What do bailiffs and enforcement officers do?

Answer 9

Serve court documents and enforce court orders and judgments

Question 10

What are the three stages of litigation?

Answer 10

Pre-action stage / issue of proceedings to judgment / steps taken after judgment

Question 11

What is the overriding objective of CPR?

Answer 11

To enable the courts to deal with cases justly and at a proportionate cost (r1.1)

Question 12

What are the six objectives of the court to achieve the overriding objective?

Answer 12

ensure parties are on equal footing / save expense / deal with the case proportionately to the money involved, issues and parties’ financial positions / deal expeditiously and fairly / allot an appropriate share of resources / enforce compliance with rules, PDs and orders

Question 13

What is CPR r1.2?

Answer 13

The court must give effect to the overriding objective when making decisions

Question 14

What is CPR r1.3?

Answer 14

The parties must assist the court in furthering the overriding objective.

Question 15

What is CPR r1.4?

Answer 15

The court must take an active role in managing cases.

Question 16

What 5 ways can r1.4 be achieved? (court must take active role in managing cases)

Answer 16

Encouraging co-operation of parties / identifying issues and which of these need investigating / encouraging ADR / giving timetables and directions / considering steps to take and their costs

Question 17

What is the aim of the court in civil litigation matters?

Answer 17

To put the wronged party in the position they would have been in had there been no breach of contract.

Question 18

What is the civil standard of proof?

Answer 18

The balance of probabilities - it is more than 50% certain that a party has proved its case

Question 19

Give the types of contract dispute, claim and aim of damages

Answer 19

disputes: defective goods/services, non-payment of monies due and failure to perform contract - claims: breach of contract, debt, commercial disputes -damages aim to put claimant in position of contract being performed

Question 20

Give the types of tort negligence dispute, claim and aim of damages

Answer 20

dispute: RTAs, trips and slips, accidents at work, medical/professional negligence - claim: negligence (breach of duty of care) - damages aim to put claimant in position had negligence not occured

Question 21

Give the types of tort nuisance dispute, claim and aim of damages

Answer 21

dispute: noise, tree roots, escape of water onto property - claim: nuisance (use or enjoyment of land is repeatedly interfered with by another landowner) - damages: claimant in position of nuisance not occurring

Question 22

What is the Civil Money Claims Service?

Answer 22

An online litigation service available to litigants in person. Quick online forms with guidance which encourages settlement/mediation.

Question 23

What is the Online Court?

Answer 23

A pilot scheme which will be mandatory in future for claims under a certain value (under £25k likely).

Question 24

What are the three stages of the Online Court?

Answer 24

Automated triage (access to basic legal advice and assistance), conciliation and then a determination stage for unsettled cases.

Question 25

Where are appeals from the online court sent?

Answer 25

County Court, then further appeals to Court of Appeal

Question 26

What does the Limitation Act (LA) 1980 set out?

Answer 26

Strict time limits between cause of action and commencement of litigation.

Question 27

What is the purpose of limitation periods?

Answer 27

To stop potential defendants remaining under constant threat and recognising the difficulty in memory of potential witnesses

Question 28

What is the general rule on limitation?

Answer 28

Actions commenced outside of the limitation period will not proceed, unless in exceptional circumstances

Question 29

What is the limitation period for claims set out by LA 1980

Answer 29

Personal injury - 3 years, other tort and contract claims - 6 years

Question 30

When does the limitation time start to run?

Answer 30

Negligence - when the claimant suffers / Child’s personal injury - from 18th birthday / Contract - date of breach

Question 31

In what situation may the limitation be extended?

Answer 31

In personal injury it may sometimes run from the date of knowledge - i.e. the date the claimant first becomes aware the injury is linked to the incident.

Question 32

What three things must be considered when considering viability of a claim?

Answer 32

Who is the defendant? (individual or company?) / Where is the defendant? (address for service) / Can they pay any judgment? (Are they bankrupt or likely to be?)

Question 33

Which six ways can you check if a defendant will be able to pay a judgment?

Answer 33

Companies House / credit rating companies / Land Registry / Register of Judgments / enquiry agent or private investigator / ask client or sub-contractor for information