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Civil Litigation Revision Notes 2017 - Distinction $16.24   Add to cart

Exam (elaborations)

Civil Litigation Revision Notes 2017 - Distinction

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I completed the LPC (Legal Practice Course) at BPP University in 2017 with a 90% distinction. These detailed and condensed notes cover the entire Civil Litigation module. I have covered every SGS and highlighted all the key statutory references. My friends at other universities, such as the Univers...

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Last document update: 6 year ago

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  • December 27, 2017
  • January 7, 2018
  • 7
  • 2016/2017
  • Exam (elaborations)
  • Unknown

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Available practice questions

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Some examples from this set of practice questions

1.

Disclosure Steps

Answer: Isit a document? Isit within the party\'s control? Does it satisfy the test for standard disclosure? Can the document be withheld from Inspection? - Cases (Potential Waived Privilege) Which Part of the List?

2.

Legal Advice Privilege Meaning

Answer: Confidential communication between the lawyer and client for the purpose of giving/receiving legal advice.

3.

Legal Advice Privilege Cases

Answer: Communication between the lawyer and client: Parry - Attendance note of meeting. Three Rivers - Client narrowly construed. For the purpose of giving/receiving legal advice: Balabel - Continuum of communication Three Rivers - Presentation advice given through legal spectacles. Internal repetition: Bank of Nova - If client repeats advice internally = acts as solicitor agent.

4.

Litigation Privilege Meaning

Answer: Confidential communication between lawyer and client between one of them and 3rd party. The dominant purpose is to obtain legal/advice/info/evidence for the use in litigation which was reasonably in prospect at the time.

5.

Litigation Privilege Cases

Answer: Dominant purpose: Waugh - If several purposes, the dominant purpose is litigation. If cant determine dominant purpose: Re High Grade - Commissioner purpose not the author purpose Litigation reasonably in prospect: USA v Phillip - Real likelihood of litigation

6.

W/Out prejudice privilege Meaning

Answer: Docs with genuine attempt to settle the dispute

7.

W/Out prejudice privilege Cases

Answer: Rush - Substance, form e.g. reasonable sum, timing etc.

8.

Waving Privilege Case

Answer: Great Atlantic - Waving Privilege over part, waves privilege over all of the document

9.

What are the parts of the documents list?

Answer: List 1 - Disclosure and inspect List 2 - Discourse and privilege List 3 - Doc is no longer in there control

10.

Nature and effect of Part 36 offer

Answer: 1.Defendant or Claimant offer part 36 to settle/force compromise 2. They are consequences if unreasonable refused or unreasonable in amount. 3. The offer is without prejudice 4. The offer is open for not less than 21 days.

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