Civil litigation and evidence
Bar Training Syllabus
Notes
,General Matters 4
Limitation 7
Pre-action Conduct 10
Alternative Dispute Resolution (Adjudicative) 18
Commencing Proceedings 20
Parties 28
Statements of Case 31
Multiple Causes of Action, Counterclaims and Other 36
Additional Claims 36
Amendment 42
Further Information 44
Default Judgment and Summary Judgment 46
Case Management, Sanctions, Striking Out and Discontinuance 52
Disclosure and Inspection of Documents 68
Interim Applications 77
Interim Payments and Security for Costs 83
Interim Injunctions 84
Settlement (including offers to settle) 88
Evidence of Fact 94
Expert Evidence 99
Civil Trial and Evidence 104
Judgments, Orders and Enforcement 108
Costs 112
Appeals 118
,
, General Matters
1. The overriding objective
CPR 1.1
The primary goal of the Civil Procedure Rules is to enable the court to handle cases justly and at a
proportionate cost.
Key components of dealing with a case justly and at proportionate cost include:
• Ensuring parties are on an equal footing, can fully participate, and that witnesses can
provide their best evidence.
• Saving expense.
• Dealing with the case in a way that is proportionate to:
◦ The amount of money involved.
◦ The importance of the case.
◦ The complexity of the issues.
◦ The nancial position of each party.
• Ensuring the case is dealt with expeditiously and fairly.
• Allocating an appropriate share of the court's resources, considering the needs of other
cases.
• Promoting or using alternative dispute resolution (ADR).
• Enforcing compliance with rules, practice directions, and court orders.
Application by the Court: CPR 1.2
The court is required to try and give effect to the overriding objective when it performs two key
functions:
1. Exercising any of its powers under the Rules.
2. Interpreting any rule.
Duty of the Parties: CPR 1.3
All parties involved in a case have a duty to assist the court in achieving the overriding objective.
fi
Bar Training Syllabus
Notes
,General Matters 4
Limitation 7
Pre-action Conduct 10
Alternative Dispute Resolution (Adjudicative) 18
Commencing Proceedings 20
Parties 28
Statements of Case 31
Multiple Causes of Action, Counterclaims and Other 36
Additional Claims 36
Amendment 42
Further Information 44
Default Judgment and Summary Judgment 46
Case Management, Sanctions, Striking Out and Discontinuance 52
Disclosure and Inspection of Documents 68
Interim Applications 77
Interim Payments and Security for Costs 83
Interim Injunctions 84
Settlement (including offers to settle) 88
Evidence of Fact 94
Expert Evidence 99
Civil Trial and Evidence 104
Judgments, Orders and Enforcement 108
Costs 112
Appeals 118
,
, General Matters
1. The overriding objective
CPR 1.1
The primary goal of the Civil Procedure Rules is to enable the court to handle cases justly and at a
proportionate cost.
Key components of dealing with a case justly and at proportionate cost include:
• Ensuring parties are on an equal footing, can fully participate, and that witnesses can
provide their best evidence.
• Saving expense.
• Dealing with the case in a way that is proportionate to:
◦ The amount of money involved.
◦ The importance of the case.
◦ The complexity of the issues.
◦ The nancial position of each party.
• Ensuring the case is dealt with expeditiously and fairly.
• Allocating an appropriate share of the court's resources, considering the needs of other
cases.
• Promoting or using alternative dispute resolution (ADR).
• Enforcing compliance with rules, practice directions, and court orders.
Application by the Court: CPR 1.2
The court is required to try and give effect to the overriding objective when it performs two key
functions:
1. Exercising any of its powers under the Rules.
2. Interpreting any rule.
Duty of the Parties: CPR 1.3
All parties involved in a case have a duty to assist the court in achieving the overriding objective.
fi
