CH1. Part A: - CPR 1998

Question 1

What are the Civil Procedure Rules 1998 (‘CPR’) and where are they found?

Answer 1

A set of rules governing all aspects of court procedure. They are found online at www.justice.gov.uk/courts/procedure-rules/civil.

Question 2

What are the CPR supplemented by?

Answer 2

Practice directions specifically related to the rule in question and also the ‘White Book’ commentary.

Question 3

CPR 1.1 states that the overriding objective of the CPR is…

Answer 3

‘to enable the court to deal with cases justly and at proportionate cost’ .

Question 4

The courts have costs management powers (in addition to their existing case management powers) under CPR 3.12-3.21. Why?

Answer 4

Litigation is expensive and the costs management powers are an attempt to keep expense under control.

Question 5

What is the effect of Human Rights Act on Civil litigation?

Answer 5

The effect of the HRA on civil litigation is that the courts, as public authorities, must act in compliance with Convention rights. This means they must apply and interpret the law in compliance with the Convention unless there is incompatible primary legislation.

Question 6

What is a ‘declaration of incompatibility’?

Answer 6

Where there is incompatible domestic law, the courts will make a declaration of incompatibility and kick-start a procedure for fast-tracking changes to the legislation to bring it into line.

Question 7

Name three Human Rights that effect civil litigation claims.

Answer 7

1. the right to a fair trial (Article 6);
2. the right to private and family life (Article 8); and
3. the protection of property (Protocol 1, Article 1).

Question 8

What does Art. 6 guarantee?

Answer 8

A fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.