CILEx L6 Civil Litigation Procedure — Questions and Answers
Question 1: What is the 'overriding objective' of the Civil Procedure Rules 1998 and how does it apply to parties?
- To deal with cases justly and at proportionate cost; parties are required to help the court further this objective (Correct answer)
- To ensure all cases reach trial as quickly as possible
- To protect the interests of claimants in personal injury cases
- To ensure all parties have equal access to legal representation
Correct answer: To deal with cases justly and at proportionate cost; parties are required to help the court further this objective
CPR r.1.1 sets the overriding objective as dealing with cases justly and at proportionate cost, including: ensuring parties are on an equal footing, saving expense, dealing with cases proportionately, expeditiously and fairly. CPR r.1.3 requires parties to help the court further this objective.
Question 2: What are the three tracks to which civil cases are allocated under the CPR?
- Small claims track (up to £10,000), fast track (£10,000–£25,000), and multi-track (over £25,000 or complex cases) (Correct answer)
- Small claims, standard claims, and high value claims
- Summary track, standard track, and extended track
- Simple track, complex track, and urgent track
Correct answer: Small claims track (up to £10,000), fast track (£10,000–£25,000), and multi-track (over £25,000 or complex cases)
CPR Part 26 provides for three tracks: (1) small claims track (generally up to £10,000), (2) fast track (generally £10,000–£25,000, straightforward cases), and (3) multi-track (over £25,000 or cases involving complex issues of law or fact).
Question 3: What is a 'pre-action protocol' under the CPR and why does it matter?
- A code of conduct setting out the steps parties should take before commencing proceedings, with non-compliance attracting cost sanctions (Correct answer)
- An optional guideline that parties may choose to follow
- A procedural step required only in personal injury claims
- A document that must be filed with the court before issuing a claim
Correct answer: A code of conduct setting out the steps parties should take before commencing proceedings, with non-compliance attracting cost sanctions
Pre-action protocols (CPR PD Pre-Action Conduct) set out steps parties are expected to take before issuing proceedings, including exchanging information and documents, to encourage settlement and narrow issues. Courts can impose cost sanctions on parties who fail to comply.
Question 4: What is 'summary judgment' under CPR Part 24?
- Judgment without trial where the court concludes the claim or defence has no real prospect of success and there is no other compelling reason for trial (Correct answer)
- Judgment delivered orally at the first hearing
- Judgment entered against a defendant who fails to acknowledge service
- Judgment agreed between the parties without admission of liability
Correct answer: Judgment without trial where the court concludes the claim or defence has no real prospect of success and there is no other compelling reason for trial
Under CPR Part 24, the court may give summary judgment on a claim or defence where there is no real prospect of it succeeding and no other compelling reason why the case should be disposed of at trial. It avoids the need for a full trial in hopeless cases.
Question 5: What are 'without prejudice' communications and their effect in civil litigation?
- Genuine settlement communications that cannot be admitted as evidence of liability in proceedings, protecting the negotiation process (Correct answer)
- Any communication marked 'without prejudice' is inadmissible for any purpose
- Without prejudice communications are admissible to prove an agreement was reached
- Without prejudice protection applies only to written communications
Correct answer: Genuine settlement communications that cannot be admitted as evidence of liability in proceedings, protecting the negotiation process
Genuine 'without prejudice' communications (oral or written) made in the course of a genuine attempt to settle a dispute cannot be admitted in evidence on the issue of liability or quantum. The protection is based on public policy in encouraging settlement.
Question 6: What is 'specific disclosure' under CPR Part 31?
- An order requiring a party to disclose specific documents or categories of documents that standard disclosure would not have required (Correct answer)
- The duty to disclose all documents relating to the case
- Disclosure ordered only for cases on the multi-track
- Disclosure of expert reports before trial
Correct answer: An order requiring a party to disclose specific documents or categories of documents that standard disclosure would not have required
Under CPR r.31.12, a party may apply for an order for specific disclosure requiring the other party to disclose specific documents or documents in a specific category, carry out a specific search, or disclose the results of such a search.
CILEx L6 Civil Litigation Procedure
What is the 'overriding objective' of the Civil Procedure Rules 1998 and how does it apply to parties?