Introduction Flashcards
(39 cards)
What are the key stages of a civil claim?
- Pre-action
- Statements of case
- Case management
- Evidence
- Trial
- Post-trial (enforcement/appeal)
→ Interim applications may occur at any stage.
What are ‘statements of case’?
- Claim form
- Particulars of claim
- Defence
These define the dispute.
What types of evidence are exchanged before trial?
- Documentary evidence
- Witness statements
- Expert reports
What is a directions order?
A court order setting a timetable for disclosure, evidence exchange, and trial preparation based on case complexity.
What are the main courts in the civil court hierarchy?
- County Court
- High Court
- Court of Appeal
- Supreme Court
(Tribunals and magistrates’ civil jurisdiction are also relevant in niche areas)
When should proceedings be issued in the County Court vs High Court?
- PI claims <£50,000: County
- Non-PI claims ≤£100,000: County
- High Court: only if value is high, issues complex, or public importance
What are the divisions of the High Court?
- King’s Bench Division
- Chancery Division
- Family Division
What specialist courts sit within the High Court?
- KBD: Commercial Court, TCC, Admiralty Court
- Chancery: Insolvency, Business List, IP List
- Shared: Financial List
What are Business and Property Courts?
Specialist courts within the High Court (KBD and Chancery) for complex commercial, property, and insolvency cases.
What is the Court of Appeal’s role in civil litigation?
It hears appeals from the County and High Court. Its Civil Division deals with civil/family appeals.
What is the Supreme Court’s jurisdiction?
Final appeal court for significant legal issues, requires permission to appeal.
Who are the judges in civil courts and how are they addressed?
- County Court: “Judge” or “Your Honour”
- High Court: “My Lord” / “My Lady”
- Court of Appeal & Supreme Court: “My Lord” / “My Lady”
What is the purpose of the Civil Procedure Rules (CPR)?
To govern the procedure for civil claims in England and Wales.
What is the ‘overriding objective’ (CPR 1.1)?
To deal with cases justly and at proportionate cost, including ensuring equal footing, saving expense, and managing court resources fairly.
Who must uphold the overriding objective?
The court (CPR 1.2)
The parties (CPR 1.3)
What powers does the court have to further the overriding objective?
Active case management (CPR 1.4): setting directions, deadlines, using tech, promoting settlement, etc.
How are vulnerable parties or witnesses protected?
PD requires courts to identify and accommodate vulnerabilities (language, disability, youth, etc.).
What types of costs can a party incur in litigation?
- Solicitors’ fees
- Disbursements (e.g., court, counsel, expert fees, travel)
What is the general rule on costs?
The unsuccessful party pays the successful party’s costs.
Can the court depart from the general rule?
Yes. The court has discretion and will consider conduct, success on issues, and proportionality.
Will the winning party recover all their costs?
Not usually. Courts allow only reasonable and proportionate costs.
What are summary and detailed assessment?
- Summary: Done at end of hearing
- Detailed: Full breakdown submitted post-trial
What are the four elements of most civil causes of action?
- Duty
- Breach
- Causation
- Loss
What factors should be considered alongside case analysis?
- Parties
- Evidence
- Limitation periods
- Remedies
- Alternative liability (e.g., vicarious)
