Civil Litigation and Remedies Flashcards

Under the Civil Procedure Rules, what is the standard of proof in civil proceedings?

Answer: Balance of probabilities

In civil proceedings in England and Wales, the standard of proof is the balance of probabilities (more likely than not), which is lower than the criminal standard of beyond reasonable doubt. This is established under the Civil Procedure Rules and longstanding common law principles.

Which court generally handles civil claims valued between £25,001 and £100,000 in England and Wales?

Answer: County Court

The County Court handles the vast majority of civil claims, including those valued between £25,001 and £100,000. Claims up to £25,000 are typically allocated to the small claims track or fast track within the County Court, while claims over £100,000 may be issued in the High Court.

What is the usual time limit for issuing a claim for personal injury under the Limitation Act 1980?

Answer: 3 years from the date of knowledge

Under section 11 of the Limitation Act 1980, the limitation period for personal injury claims is 3 years from the date of the accrual of the cause of action or the date of knowledge, whichever is later. The court has discretion under section 33 to disapply this in exceptional circumstances.

Under CPR Part 36, what happens if a claimant fails to beat a defendant's Part 36 offer at trial?

Answer: The claimant must pay the defendant's costs from the date of expiry of the relevant period

Under CPR Part 36, if a claimant fails to obtain a judgment more advantageous than a defendant's Part 36 offer, the court will ordinarily order the claimant to pay the defendant's costs from the date on which the relevant period expired, unless it considers it unjust to do so.

Which of the following is NOT a track to which a civil claim can be allocated under the CPR?

Answer: Summary track

The CPR provides for three tracks: the small claims track (claims up to £10,000), the fast track (claims between £10,000 and £25,000), and the multi-track (claims over £25,000 or of particular complexity). There is no 'summary track' under the CPR.

What type of injunction is granted without notice to the other party and typically on an urgent basis?

Answer: Without notice (ex parte) injunction

A without notice (formerly known as ex parte) injunction is granted without the respondent being present or notified, usually due to extreme urgency or where giving notice would defeat the purpose of the order. The applicant has a duty of full and frank disclosure to the court.