Civil Litigation Procedure Flashcards

What is the 'overriding objective' of the Civil Procedure Rules 1998 and how does it apply to parties?

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.

What are the three tracks to which civil cases are allocated under the CPR?

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).

What is a 'pre-action protocol' under the CPR and why does it matter?

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.

What is 'summary judgment' under CPR Part 24?

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.

What are 'without prejudice' communications and their effect in civil litigation?

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.

What is 'specific disclosure' under CPR Part 31?

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.