Context and Preliminary Considerations Flashcards
What is the mantra underpinning CPR 1998?
Litigation as a last resort
What two types of case are heard in the County Court?
Money only under £100k, personal injury under £50k
What are three divisions of the High Court and what cases does each deal with?
Queens Bench - contract and tort / Chancery - wills and inheritance disputes, company law and bankruptcy / Family - family (e.g. adoption).
What do Masters deal with in the High Court?
Interim applications and case management matters
What do High Court Judges do?
Primarily deal with trials but will also deal with interim applications and case management as appropriate
What do District Judges do in District Registries?
Interim applications and case management matters
Who is a court manager?
The senior civil servant in charge of a court office. Court docs are addressed to them and they are supported by administrative staff.
What do ushers do?
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.
What do bailiffs and enforcement officers do?
Serve court documents and enforce court orders and judgments
What are the three stages of litigation?
Pre-action stage / issue of proceedings to judgment / steps taken after judgment
What is the overriding objective of CPR?
To enable the courts to deal with cases justly and at a proportionate cost (r1.1)
What are the six objectives of the court to achieve the overriding objective?
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
What is CPR r1.2?
The court must give effect to the overriding objective when making decisions
What is CPR r1.3?
The parties must assist the court in furthering the overriding objective.
What is CPR r1.4?
The court must take an active role in managing cases.
What 5 ways can r1.4 be achieved? (court must take active role in managing cases)
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
What is the aim of the court in civil litigation matters?
To put the wronged party in the position they would have been in had there been no breach of contract.
What is the civil standard of proof?
The balance of probabilities - it is more than 50% certain that a party has proved its case
Give the types of contract dispute, claim and aim of damages
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
Give the types of tort negligence dispute, claim and aim of damages
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
Give the types of tort nuisance dispute, claim and aim of damages
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
What is the Civil Money Claims Service?
An online litigation service available to litigants in person. Quick online forms with guidance which encourages settlement/mediation.
What is the Online Court?
A pilot scheme which will be mandatory in future for claims under a certain value (under £25k likely).
What are the three stages of the Online Court?
Automated triage (access to basic legal advice and assistance), conciliation and then a determination stage for unsettled cases.
