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Civil Litigation and Remedies Flashcards

6 cards from real BPTC practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 6 Civil Litigation and Remedies flashcards as text

  1. Under CPR Part 25, which of the following is an example of an interim remedy?

    Answer: Freezing injunction

    A freezing injunction (formerly Mareva injunction) is an interim remedy under CPR Part 25 that prevents a party from disposing of or dealing with assets. It is designed to preserve assets pending trial so that any judgment can be enforced effectively.

  2. What is the standard disclosure obligation under CPR Part 31?

    Answer: Disclose all documents in your control that you intend to rely on, that adversely affect your case, or that support another party's case

    Standard disclosure under CPR Part 31.6 requires a party to disclose documents on which they rely, documents that adversely affect their own or another party's case, or support another party's case. This duty extends to documents within a party's control, not just their possession.

  3. In which circumstance can the court grant summary judgment under CPR Part 24?

    Answer: When the claimant or defendant has no real prospect of succeeding and there is no other compelling reason for a trial

    Under CPR Part 24, the court may give summary judgment against a claimant or defendant if it considers that the party has no real prospect of succeeding on the claim or defence, and there is no other compelling reason why the case should proceed to trial. It is a merits-based test, not value-based.

  4. What is the primary purpose of case management conferences under the CPR?

    Answer: To enable the court to manage the progress of the case towards trial

    Case management conferences (CMCs) are a key part of active case management under the CPR. The court uses CMCs to give directions, set timetables, identify issues, and ensure the case progresses efficiently towards trial in accordance with the overriding objective.

  5. What is the general rule on costs under CPR Part 44?

    Answer: Costs follow the event — the unsuccessful party pays the successful party's costs

    The general rule under CPR Part 44.2 is that the unsuccessful party will be ordered to pay the costs of the successful party ('costs follow the event'). However, the court has wide discretion and may make a different order depending on the circumstances, including the conduct of the parties.

  6. Under the CPR, what does the 'overriding objective' require the court to do?

    Answer: Deal with cases justly and at proportionate cost

    CPR Part 1.1 sets out the overriding objective: to deal with cases justly and at proportionate cost. This includes ensuring parties are on an equal footing, saving expense, dealing with cases proportionately, ensuring cases are dealt with expeditiously and fairly, and allotting an appropriate share of court resources.