LITIGATION (CIVIL AND CRIMINAL) CHAPTER SUMMARIES - READY FOR EXAM

Pre-action considerations
- CPR 1.1: the overriding objective of the court is to deal with cases justly and at proportionate cost. This
involves: ensuring parties are on an equal footing, saving expenses, dealing with the case in a way
proportionate to the money at stake, ensure it is dealt with expeditiously and fairly, allocating an appropriate
share of the court’s resources and enforcing compliance with rules, PDs and orders.
- The impact of the Human Rights Act impacted civil litigation as public authorities must act in compliance with
them. Note: the right to a fair trial (6) the right to a private and family life (8) and the protection of property
(protocol 1, article 1)
- Pre-action protocols try to force the parties to have a more cards on the table dispute. Adverse consequences
if they are not. Followed and the court can stay the proceedings until the steps have been taken

Provision Summary
CPR 16.2 What a claim form must contain
CPR 16.4 The particulars of claim
CPR 10 Acknowledgment of service
CPR 14 Admissions > needs to be in writing and the claimant may then enter judgment
CPR 15 and Defence, reply (denies, put to proof, admits)
16.5
CPR 12 Judgment in default
12.1 – defaulted judgment is where D has failed to file a defence/acknowledgment
12.3 – conditions for DJ
12.4 – Procedure for DJ
CPR 20 Part 20 claims – defendant may wish to make a counterclaim against the claimant
CPR 18 Further information and/or clarification
CPR 23-25 Interim applications
CPR 26 Allocation
CPR 26 - 29 Directions
29.1 – model directions for the multi-track as a starting point
CPR 31 Disclosure and inspection > difference between the fast track and the multi-track
CPR 32 Witness statements
CPR 35 Expert evidence
CPR 36 Part 36 offers – mechanism to settle. Evaluation of what they consider the realistic value of the
judgment is likely to be
CPR 22 Statement of truth wording

The Court Structure
- High Court
o Chancery division – land, mortgage, trusts, administration of estates, bankruptcy, partnerships,
probate, IP and company matters. Also, contract and tort. Has the companies and insolvency court.
Patents Court and IP and Enterprise Court (cap of damages of £500,000)
o QBD – most contract and tort, commercial matters, admiralty and judicial review. Technology &
Construction court
o Family division
- County Court
- Appeal Courts
- Specialist courts: i.e. the Commercial Courts
- Which court depends on: jurisdiction, the rules governing commencement and the rules governing transfer
o Rules governing commencement (CPR 7)
 If the value is over £100,000 it may be in either the HC or CC, if less it should be in the CC
 If there is a choice, 7A PD 2.4 – it should be determined by the complexity or public
importance
o Rules governing transfer between the courts (CPR 30)
 Court will use the criteria in CPR 30.3(2)
 CPR 26.2 – automatic transfer in cases to send to a home court
 29PD2.2 – claim under £100,000 will go to the CC unless certain conditions apply
 C may be ordered to pay the transfer cost

Pre-action considerations
- The first interview – think trial – what is the strength, gathering evidence for liability, PCR issues, front-loading
of litigation, identify facts and C’s objectives, initial merits, the financial standing of the other side (enquiry
agents, registers)
- The first letter - documents the retainer

A cause of action
- Duty, breach, causation, damage

, o In contract: need to show a contract/implied term/express term
o In tort, you need to show a common law or statutory duty
- Damages
o Contract claims: to put in the position had the. Contact been property performed
o Tort claims: in the position it had been in had the tort not been committed
o Debts – no duty to mitigate losses
- Limitation periods
o Tort: 6 years after the date of the action
o Contract: 6 years after the date of the case of action

Professional conduct
- CCS 1.4 – do not mislead clients
- CCS 2.1/2.2 – do not misuse or tamper with evidence
- CCS 6.1/6.2 – conflicts of interest
- CCS 6.3/6.4 – confidentiality and disclosure
- CCS 8.7 – C should be given information on how their case will be priced

Funding
- Excluded from legal aid: personal injury/death allegations, conveyancing, defamation, employment, breach of
statutory duty, consumer cases
- Legal help, help at court, legal representation (investigative help/full representation)
- Only available to individuals. Statutory charge – if the client keeps or gains money or property at the end of
the case, they may have to repay some or all of the legal costs
- Merits and means test (financial limits – capital and income)
- Conditional fee arrangements – no win no fee
- Insurance – before the event or after the event
- Damages based agreements

,Commencing proceedings
Provision Summary
CPR 7 Rules governing commencement
7APD2.1 – if the value of the claim is £100,000+ it can be commenced in either court
7.2(1) – proceedings are commenced when the court issues a claim form at the request of the.
Claimant and it will be stamped
CPR 7APD Guidelines for which court a claim should be brought in
7APD 2.4 – where there is a choice, factors to consider – the financial value of the claim, the
complexity of the cats, the importance of the outcome to the general public
CPR 21 Litigation friend for children and protected party
CPR 6 Service
CPR 6.3 – permitted methods of serving claim form (personally, delivering, post, fax, DX, email)
CPR 6.14 – deemed date of service of claim form
CPR 6.15 – alternative service permitted by the court
CPR 6.26 Service of any other document
CPR 16.2 Contents of a claim form (form N1)
CPR 7.8(1) Claim form pack must have claim for, particulars of claim and response pack (form N9) with form
for admission, defending and acknowledging service

Contents of a claim form (form N1)
- Heading
- Parties and addresses (CPR 6.9 – if no last address is deemed served at last known residence/place of
business)
- Concise statement of nature of the claim
- Remedy sought (COR 16.2(1)(b))
o If interest is claimed it must be stated – CPR 16.4(2)
- Statement of amount claimed (16.3)
o Can be set out in any of the three ways
 The amount claimed if a specific amount
 A statement saying how much C expects to recover (range)
 A statement saying they cannot say how much they expect to recover
o CPR 16.7(3) – court’s power is not restricted by statement
- Jurisdictional endorsement – 16.3(5) – requirements if issued in the high court
- Particulars of claim – can be in the claim form, attached, or sent up to 14 days after service of the claim form
- Statement of truth – CPR 22 – wording at 22 PD 2.1
- Court fee

Issuing the claim form
- Take/send: one copy of form for court, for defendant and for claimant
- Once form is issued, must be served on D within 4 months of issue (CPR 7.5(1)), or within 6 months if out of
the jurisdiction (CPR 7.5(2)).

CPR 6 – Service
- CPR 6.3 – permitted methods of service, but a company may be obliged to serve in another way too
- Where the solicitor is authorised to accept service, must be served on them and not the other party – CPR
6.7(1)
- CPR 6.11 – service is valid when done by a contractual method
- CPR 6.15 – alternative service can be applied for
- CPR 6.16 – dispense with service where the other side is aware of proceedings
- CPR 6.14 – deemed date of service of the claim form is the second business day after completion of the
relevant step in CPR 7.5. Completion of the step must be before midnight 4 months after the issue of claim
form. Also applies to claim form

Method of service Step required
First class post, DC or service that provides delivery on Posting, leaving with, delivering to or collection by
next business day relevant service provider
Delivery of document to or leaving it at relevant place Delivery of document to or leaving it at relevant place
Personal service under 6.5 Completing relevant step under Rule 6.5(3)
Fax Completing transmission of fax
Other electronic method Sending email/other electronic transmission
- C’s solicitor must file certificate of service at court within 21 days of service saying it has not been returned
undelivered > not necessary if D has sent an acknowledgment of service
- CPR 6.26 – service of any other document

, Method of service Deemed service
Personally on D Effective immediately if before 4.30pm on a business day, otherwise next
business day
Delivery of the document to or Effective immediately if before 4.30pm on a business day, otherwise next
leaving it at a permitted business day
address
First class post Second day after posting if a business day, if not the next business day
Fax Same day if before 4.30pm on a business day, otherwise next business day after
transmission
By document exchange Second day after left at DX if a business day, if not next business day
Other electronic method (e.g. Same day if before 4.30pm on a business day, otherwise next business day after
email) transmission

Defendant’s response
- D must respond within 14 days of deemed service of PoC
- CPR 10 – acknowledgment of service if – unable to file defence in time and needs longer or wishes to dispute
jurisdiction. Extends time for filing defence by an extra 14 days (CPR 15.4)

Counting days – CPR 2.8
- The day on which a period begins is never counting (day begin is day zero)
- If the day it ends is day of trial, you do not count that day
- If you are counting a period of 5 days or less, weekends or bank holidays are not included

If D does not respond
- Can agree extension per CPR 15.5 of up to 28 days > court has to be notified in writing
- D can then apply to court for more time and both sides will attend before a master/district judge for approval
(interim application)
- If either party makes an application for summary judgment, D does not need to file a defence before the
application is heard (CPR 24.4(2))
- Judgment in default (CPR 12) – if D fails to serve a defence or acknowledgment, C can submit a request.
Court is likely to grant if still not served by time of judgment
o Must show (CPR 12.3) – PoC has been served, time has expired for defence/acknowledgement, the
claim has not been submitted or satisfied and no application for summary judgment or strike out has
been made
o Money claims – specified sum – court will enter judgment for amount sought, fixed costs and interest
accrue
o Unspecified sum – court will enter a judgment for a sum to be decided by the courts plus costs and
set a timetable leading to a hearing
o Non-money claims cannot be determined on paper, so must apply for judgment in default hearing
under CPR 23
o Can be set aside per CPR 13 on application of D or by court if
 Wrongly entered
 Real prospect of success/other good reason

Money claims online
- 7EPD for claims £100,000 or less
- D files acknowledgment by email and C can apply for default judgment on an online request
- If claim is defended it will be transferred to the relevant CC