CIVIL LITIGATION: SGS 1-6: REVISION SUMMARY
ELEMENTS OF CIVIL ACTION
(1) Duty – D must owe a duty of care to C either under an express term of a contract/agreement OR an implied term of
a contract/agreement OR under common law (where a duty of care arises because of the circumstances and the
relationship between C and D).
(2) Breach – D must be shown to have breached the duty of care they owed to C when compared against the objective
standard of the reasonable person (i.e. did D act below the standard of behaviour which could be expected of the
reasonable person in D’s position?).
(3) Causation – C must suffer loss/injury/damage as a result of D’s breach of care with C having to prove to the
BALANCE OF PROBABILITIES standard that D’s breach of duty was the FACTUAL CAUSE (i.e. but for cause) and
the LEGAL CAUSE of C’s loss/injury/damage (i.e. loss/injury/damage was a reasonably foreseeable result of D’s
breach of duty of care).
(4) Loss – C must quantify the extent of their injuries/loss/damage suffered allegedly as a result of D’s breach of duty +
must be able to evidentially support/prove that quantification.
- Law Reform (Contributory Negligence) Act 1945 s.1: Contributory Negligence – Partial defence to negligence
action if D able to show that:
(a) C at fault in that C did not display reasonable care which could be expected of someone in C’s position; AND
(b) C’s failure to take reasonable care contributed to the damage suffered by C (NOT necessary to show that C’s
failure to take reasonable care contributed to D’s breach of duty of care).
- s.1(2): Quantification – Damages awarded to C found to have been contributorily negligent reduced to extent that
court thinks JUST/EQUITABLE having regard to C’s share of responsibility BUT contributory negligence
CANNOT result in a 100% reduction in damages.
- Joint and Several Liability – Where 2/more persons are responsible for the same damage as a result of their tortious
acts, C can sue either person and recover damages in full from either person BUT can only recover damages once.
- Civil Liability (Contributions) Act 1978 s.1(1): Apportionment of Liability – Statutory power for courts to
apportion liability between 2/more persons responsible for the same loss/damage.
- s.1(2): Quantifying Joint/Several Liability – Amount to be recoverable from any person shall be such as may be
found by court to be JUST/EQUITABLE having regard to extent of their responsibility for the damage in question.
- s.1(3): Indemnities – Court can exempt co-defendant from having to contribute to damages (i.e. make only one
co-defendant liable as a matter of fact if not as a matter of law) OR order that co-defendant indemnify other co-
defendant wholly/partly where latter has paid damages to C.
CIVIL ACTION OVERVIEW
(I) Pre-Action Stage
(1) Instructions/first interview
(2) Alternative methods of dispute resolution
(3) Funding Issues
(4) Case analysis, investigation and assessment
(5) Preliminary Considerations
(a) Pre-Action Protocols
(b) Pre-Action Conduct Practice Direction
(c) Alternative Dispute Resolution
(d) Jurisdiction of Civil Courts
(II) Initiating the Claim
- Claimant – Claim form + particulars of claim + response to counterclaim + defence to counterclaim.
- Defendant – Acknowledgement of service + admission + defence + counterclaim + particulars of counterclaim.
(III) Allocation
- Small Claims Track – Financial value of <£10,000.
- Fast Track – Financial value of £10,000 - £25,000.
- Multi-Track – Financial value of >£25,000.
(IV) Pre-Trial Stage
(1) Preparation for CCMC and Directions
(2) Directions
(3) Disclosure
(4) Witness Statements
(5) Expert Evidence
(6) Preparations for Trial
(V) Trial
(1) Final Pre-Trial Checks/Procedures
1
ELEMENTS OF CIVIL ACTION
(1) Duty – D must owe a duty of care to C either under an express term of a contract/agreement OR an implied term of
a contract/agreement OR under common law (where a duty of care arises because of the circumstances and the
relationship between C and D).
(2) Breach – D must be shown to have breached the duty of care they owed to C when compared against the objective
standard of the reasonable person (i.e. did D act below the standard of behaviour which could be expected of the
reasonable person in D’s position?).
(3) Causation – C must suffer loss/injury/damage as a result of D’s breach of care with C having to prove to the
BALANCE OF PROBABILITIES standard that D’s breach of duty was the FACTUAL CAUSE (i.e. but for cause) and
the LEGAL CAUSE of C’s loss/injury/damage (i.e. loss/injury/damage was a reasonably foreseeable result of D’s
breach of duty of care).
(4) Loss – C must quantify the extent of their injuries/loss/damage suffered allegedly as a result of D’s breach of duty +
must be able to evidentially support/prove that quantification.
- Law Reform (Contributory Negligence) Act 1945 s.1: Contributory Negligence – Partial defence to negligence
action if D able to show that:
(a) C at fault in that C did not display reasonable care which could be expected of someone in C’s position; AND
(b) C’s failure to take reasonable care contributed to the damage suffered by C (NOT necessary to show that C’s
failure to take reasonable care contributed to D’s breach of duty of care).
- s.1(2): Quantification – Damages awarded to C found to have been contributorily negligent reduced to extent that
court thinks JUST/EQUITABLE having regard to C’s share of responsibility BUT contributory negligence
CANNOT result in a 100% reduction in damages.
- Joint and Several Liability – Where 2/more persons are responsible for the same damage as a result of their tortious
acts, C can sue either person and recover damages in full from either person BUT can only recover damages once.
- Civil Liability (Contributions) Act 1978 s.1(1): Apportionment of Liability – Statutory power for courts to
apportion liability between 2/more persons responsible for the same loss/damage.
- s.1(2): Quantifying Joint/Several Liability – Amount to be recoverable from any person shall be such as may be
found by court to be JUST/EQUITABLE having regard to extent of their responsibility for the damage in question.
- s.1(3): Indemnities – Court can exempt co-defendant from having to contribute to damages (i.e. make only one
co-defendant liable as a matter of fact if not as a matter of law) OR order that co-defendant indemnify other co-
defendant wholly/partly where latter has paid damages to C.
CIVIL ACTION OVERVIEW
(I) Pre-Action Stage
(1) Instructions/first interview
(2) Alternative methods of dispute resolution
(3) Funding Issues
(4) Case analysis, investigation and assessment
(5) Preliminary Considerations
(a) Pre-Action Protocols
(b) Pre-Action Conduct Practice Direction
(c) Alternative Dispute Resolution
(d) Jurisdiction of Civil Courts
(II) Initiating the Claim
- Claimant – Claim form + particulars of claim + response to counterclaim + defence to counterclaim.
- Defendant – Acknowledgement of service + admission + defence + counterclaim + particulars of counterclaim.
(III) Allocation
- Small Claims Track – Financial value of <£10,000.
- Fast Track – Financial value of £10,000 - £25,000.
- Multi-Track – Financial value of >£25,000.
(IV) Pre-Trial Stage
(1) Preparation for CCMC and Directions
(2) Directions
(3) Disclosure
(4) Witness Statements
(5) Expert Evidence
(6) Preparations for Trial
(V) Trial
(1) Final Pre-Trial Checks/Procedures
1
