CILEx L6 Civil Litigation Practice

Question 1

Under the Civil Procedure Rules, what is the overriding objective and how does it affect the court's case management powers?

Accepted Answer

To deal with cases justly and at proportionate cost, including ensuring parties are on an equal footing, saving expense, dealing with cases proportionately, ensuring expedition and fairness, and allotting an appropriate share of court resources

Answer

CPR r.1.1 establishes the overriding objective: dealing with cases justly and at proportionate cost. This includes ensuring parties are on an equal footing (r.1.1(2)(a)), saving expense (r.1.1(2)(b)), proportionality (r.1.1(2)(c)), expedition and fairness (r.1.1(2)(d)), and allotting appropriate court resources (r.1.1(2)(e)). The court must give effect to the overriding objective when exercising any power or interpreting any rule (r.1.2).

Question 2

What are the Pre-Action Protocol requirements in civil litigation and what is the consequence of failing to comply?

Accepted Answer

Pre-Action Protocols require parties to exchange information, consider ADR, and attempt to resolve disputes before issuing proceedings; non-compliance may result in adverse costs orders or case management sanctions

Answer

Pre-Action Protocols (and the Practice Direction on Pre-Action Conduct) require parties to exchange relevant information and documents, consider appropriate ADR, and attempt to settle before litigation. Under CPR r.44.3(5)(a) and the Practice Direction, the court can impose costs sanctions for non-compliance, including ordering the non-compliant party to pay costs on an indemnity basis, depriving them of interest, or staying proceedings.

Question 3

In multi-track litigation, what factors does the court consider when deciding whether to grant summary judgment under CPR Part 24?

Accepted Answer

Whether the claimant or defendant 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

Answer

Under CPR r.24.2, the court may give summary judgment if it considers that (a) the claimant has no real prospect of succeeding on the claim or issue, or (b) the defendant has no real prospect of successfully defending the claim or issue, AND (c) there is no other compelling reason why the case or issue should be disposed of at trial. The test is whether the claim/defence is 'fanciful' rather than merely improbable (Swain v Hillman [2001]).

Question 4

What is the standard disclosure obligation under CPR Part 31, and how has it been modified for cases in the Business and Property Courts?

Accepted Answer

Standard disclosure requires disclosure of documents on which a party relies, documents that adversely affect their case or support another party's case; in the Business and Property Courts, the Disclosure Pilot (now Practice Direction 57AD) introduced issue-based disclosure with multiple models

Answer

Standard disclosure under CPR r.31.6 requires disclosure of documents on which a party relies, documents adversely affecting their own case or another party's case, or supporting another party's case. Practice Direction 57AD (initially the Disclosure Pilot Scheme) replaced standard disclosure in the Business and Property Courts with Extended Disclosure, offering five models ranging from no disclosure to train-of-inquiry disclosure, tailored to the issues in dispute.

Question 5

Under CPR Part 36, what are the costs consequences if a claimant fails to obtain a judgment more advantageous than a defendant's Part 36 offer?

Accepted Answer

The claimant is generally ordered to pay the defendant's costs from the date on which the relevant period expired, on the standard basis if not agreed, and is entitled to their own costs up to that date

Answer

Under CPR r.36.17(3), where a claimant fails to obtain a judgment more advantageous than a defendant's Part 36 offer, the court will normally order the claimant to pay the defendant's costs from the expiry of the relevant period, unless it considers it unjust to do so. The claimant is entitled to their own costs up to that date. This creates a powerful incentive to accept reasonable offers.

CILEx Level 6 Practice Test

CILEx Level 6 Practice Test

CILEx L6 Civil Litigation Practice