DR: Introduction Flashcards
(30 cards)
What are the five main levels of civil courts in England and Wales?
Magistrates’ Court (limited civil jurisdiction), County Court (first instance for most civil claims), High Court (King’s Bench, Chancery, Family Divisions), Court of Appeal (Civil Division), and Supreme Court
How do you decide whether to issue proceedings in the County Court or the High Court?
Check for a specific enactment requiring High Court; if no enactment, use County Court for PI claims under £50,000 or non-PI under £100,000; otherwise issue in High Court if value, complexity, or public importance justifies it
What are the three divisions of the High Court and a brief example of each?
King’s Bench Division (e.g., Commercial Court), Chancery Division (e.g., Insolvency & Companies List), and Family Division (e.g., matrimonial matters)
Who is addressed as ‘Your Honour’ or ‘Judge’ in the County Court?
Deputy District Judges, District Judges, Recorders, and Circuit Judges
Which judges sit in the High Court and how are they addressed?
High Court Judges and Masters, addressed as ‘My Lord’ or ‘My Lady’
What rights of audience do solicitors have under the Civil Procedure Rules?
Solicitors can advocate in Magistrates’ Court, County Court, Tribunals, and Upper Tribunal; Higher Rights of Audience are required to conduct advocacy in the High Court, Court of Appeal, or Supreme Court
What is the ‘overriding objective’ of the Civil Procedure Rules (CPR)?
To enable the court to deal with cases justly and at proportionate cost by ensuring parties are on equal footing, saving expense, using resources appropriately, dealing expeditiously and fairly, and enforcing compliance (CPR 1.1)
Who must give effect to the overriding objective and how?
Both the court (actively managing cases, encouraging cooperation, identifying key issues, using technology) and the parties (helping the court, complying with rules and directions) must give effect to the overriding objective (CPR 1.2–1.4)
What are two specific measures the court must take to facilitate participation of vulnerable parties or witnesses?
Identify vulnerability (e.g., language difficulties, disabilities) and give directions or make provisions such as extra time, support at hearings, or guidance on how advocates should conduct themselves (PD 1A)
How do the CPR and Practice Directions treat the Welsh language in civil proceedings?
Welsh and English are treated equally in civil cases in Wales or with a connection to Wales; parties must inform the court if Welsh may be used so arrangements (e.g., Welsh-speaking judge, translation facilities) can be made (PD on Welsh language)
What is the general rule for inter partes costs under CPR?
The unsuccessful party is generally ordered to pay the successful party’s costs, but the court may order otherwise considering conduct, success on parts of the case, and proportionality (CPR 44.2)
What limits does the court place on recovery of costs?
Recovery is limited to reasonable and proportionate costs; even successful parties typically recover only a proportion (often around 60%) of their incurred costs
List three examples of disbursements or fees that a litigant may incur.
Court fees (issue/application/hearing fees), counsel’s fees (fixed or hourly), expert’s fees (reports, evidence), plus other costs like photocopying, travel, and search fees
What is the basic structure of the stages of a civil claim from pre-action to appeal?
Pre-action considerations and conduct → Issue claim form and particulars of claim → Acknowledgment of service/defence/counterclaim → Allocation to track (small-claims, fast-track, multi-track) → Case management (directions, CMC) → Disclosure, witness statements, expert reports → Interim applications/appeals → Trial → Post-trial (enforcement, appeal)
What does ‘allocation’ mean in the context of a civil claim?
The process by which the court assigns a claim to the small-claims track, fast track, or multi-track based on value, complexity, and other factors to determine case management procedures
In case analysis, what four legal elements must a claimant prove to succeed in negligence or breach of contract?
Duty (owed by defendant to claimant), Breach (failure to meet required standard), Causation (breach caused loss), and Loss (foreseeable and quantifiable damage)
Why is case analysis reviewed throughout the litigation?
To account for changes in case law, emerging facts/evidence, and settlement prospects, and to update strategy, cost estimates, and risk assessment
When does the burden of proof shift from claimant to defendant, and what does each bear?
Claimant bears the burden to prove elements of their cause (duty, breach, causation, loss); if defendant asserts contributory negligence or other defenses, the defendant bears the burden to prove those defenses
What is the standard of proof in civil proceedings?
Balance of probabilities: a fact is established if it is more likely than not (i.e., >50% probability) that the fact occurred
Give two examples of how a court may treat certain facts as established without further evidence.
Formal admissions (in statements of case or notices to admit under CPR 32.18) and presumptions (e.g., res ipsa loquitur infers negligence from circumstances under control of defendant)
In drafting a statement of case, what are the two mandatory formal sections at the beginning and end?
A case heading (court, claim number, parties’ names, and status) at the top, and a statement of truth (verifying belief in truth of contents and warning of contempt) at the end (CPR 7A PD 4.1 & 7.2)
What brief details must be included in the claim form about the claim itself?
A concise statement of the nature of the claim, the remedy sought (not including costs), and, if interest is claimed, a statement that interest is claimed (CPR 16.2(1)(b), 16.4(2))
How must the value of a monetary claim be stated on the claim form?
For specified money claims, state the exact amount; for unspecified sums, state expected recovery band (‘<£10,000’, ‘£10,000–£25,000’, or ‘>£25,000’), or state ‘I cannot say how much I expect to recover’ (CPR 16.3(2))
What is required for High Court jurisdictional endorsement on the claim form?
State that claimant expects to recover >£100,000 (non-PI), or ≥£50,000 (PI), or cite a specific enactment requiring High Court, or state claim is for a specialist list (CPR 16.3(5))
