CORE
CIVIL LITIGATION
REVISION NOTES
Legal Practice Course
Do not print this cover page unless you need it,
colour prints can be expensive.
, ONE-PAGE EXAM OVERVIEW
PROCEDURE TIMELINE: KEY DEADLINES: COUNTING TIME:
1. Pre-action Claim form:
CPR 7.5 C must serve Claim Form within 4
2. Claim form – CPR 7.5 months of issue.
3. Particulars of Claim – CPR 7 Method Relevant Step
CPR 7.5(1)
4. Acknowledgement of Service – CPR 10.3 File Certificate of service within 21 days of First class post Post
5. Admissions – CPR 14 service of the Claim Form. Delivery/leaving Delivered or left at
6. Defence – CPR 15.4(1)(a)-(b) at address address
CPR 7 Serve Particulars of Claim with the Personal service Leave with
7. Notice of proposed allocation – CPR 26.4 Claim Form. individual/company
8. Directions Questionnaire Email Email sent
9. Allocation If served separately: serve within 14 days
10. Case and costs management conference after Claim Form served. CPR 6.14 Deemed served on 2nd business
11. Instruct experts day after the relevant step.
CPR 10.3 Defendant to file AoS within 14
12. Disclosure and inspection – CPR 31 days after PoC. Other documents:
13. Exchange witness statements – CPR 32
14. Exchange experts’ reports – CPR 35 If D did not acknowledge service: Method of service Deemed served
CPR 15.4 File and serve the Defence within CPR 6.26
15. Preparation for trial 14 days after PoC. First class post 2nd business day
16. Trial after posting
17. Appeals If D acknowledged service: Delivery or leaving If served before
18. Enforcement – CPR 44.2 CPR 15.4 D must file and serve the Defence at address 4.30pm on a
within 28 days after PoC. Personal service business day,
Electronic service same day, if not,
next business day.
KEY RULES:
TIME EXTENSION: Counting time:
CPR 1.1 Overriding objective: all cases must * Days = ’clear days’ not incl. first day. If
be dealt with justly and proportionately. In time application: last day ends with a hearing, then add
* Applicant’s reason the delay 1 day.
Who pays? Unsuccessful party pays * Delay in making the application? * If the period is 5 days or less, do not
successful party’s costs – CPR 44.2(2)(a) * Overriding objective include weekends and bank holidays.
* Will it cause disruption? * If the period is more than 5 days,
Judgment in default: include weekends and bank holidays.
CPR 12.1 C may apply if D did not file AoS or Out of time application:
defence within time limits. CPR 3.9(1) Apply for relief from sanctions.
Summary judgment: Relief will be granted if: Denton PART 36 OFFERS:
The court decides the claim or issue without 1. Breach is not serious/significant
a full trial. 2. There was a legitimate reason for Claimant’s offer, Defendant rejects:
breach Claimant wins same/more: CPR 36.17(1)(b)
Grounds: CPR 24.2 3. Other circumstances suggest relief
1. C/D has no real prospect of succeeding D pays: Damages + own costs + all of C’s costs
should be allowed until trial + Penalty
on claim/issue
2. No other compelling reason why case
should be disposed of at trial Claimant wins less:
DISCLOSURE: D pays: Damages + own costs + all of C’s costs
Security for costs: until trial.
Standard disclosure:
D applies if they have a reason to believe that Claimant loses:
C cannot pay for the costs of the case. 1. Is it a document? – CPR 31.4
2. Was it in client’s control? – CPR 31.8 C pays: Own costs
D pays: all of C’s costs until trial.
3. Test of standard disclosure – CPR 31.6
(i) Reliance documents Defendant’s offer, Claimant rejects:
WHICH COURT? (ii) Docs adversely affecting their
own case/other party’s case Claimant wins same/less: CPR 36.17(1)(a)
PD7A para 2.1 (iii) Docs supporting the other C pays: Own costs + ‘Split costs’ order
If value of claim is less than £100,000 – party’s case
County Court. Claimant wins more:
Inspection: *Can be withheld if privileged* D pays: Damages + own costs + all of C’s costs
£100,000 or more – client may choose:
County Court or High Court. Types of privilege: until trial.
× Legal advice – documents prepared
If there is a choice – PD 7A para 2.4 factors: to give legal advice Claimant loses:
(1) Over £100,000 by much? CPR 16.3(5) C pays: C pays D’s costs + Interest on D’s costs
× Litigation – prepared for litigation (from relevant period expiry to trial) + Penalty
(2) Complexity × ‘Without prejudice’ – prepared to
(3) Importance to the public settle
ALLOCATION: ENFORCEMENT: WITNESS EVIDENCE: Mandatory injunctions:
Requires the other
Small claims track: If debtor has goods/vehicles – rely on a Witness’s evidence is false: side to do a specific
£10,000 or less – CPR 26.9 taking control of goods order. * CCS 1.4 You must not deceive/ act.
mislead the court, not aid the Prohibitory injunctions:
Fast track: If there is credit in bank account – use a witness in lying.
£10,000 – £25,000 third party debt order. * Cease to act, unless client CPR 25(1)(a)
Trial will be less than 5 hours agrees to disclose truth to Requires the other
and only 1 expert per party. For land/shares – use a charging order. court. side to refrain from
doing an act.
Intermediate track:
£25,000 – £100,000 For a salary – use an attachment of Inconsistency in witness’s story:
Simple claims earnings order. * Immediately inform court with
client’s consent.
Multi-Track: If all else fails – bankruptcy/insolvency * If client doesn’t consent, cease Litigation Exam: Civil
Everything else proceedings. to act. 65%, Criminal 35%
ALL THE KEY INFORMATION ON ONE PAGE
Civil Litigation – Revision notes | Page 1 of 32
, PROCEDURE OVERVIEW AND DEADLINES If Claim form – how has it been served?
Service of Claim Form? *Only mention if asked*
PROCEDURE TIMELINE:
Serve Claim Form by sending it to court with one copy for each
Interim May begin from before the claim form is filed until Defendant, one for Claimant, one for court + court fee.
remedies the start of trial. – CPR 23-25 Sealing the Claim Form (issue date) = starts proceedings + stops
and ADR limitation period. – para 5.1 and 5.2 PD 7A
Settlement May be made from commencement up until the
and Part 36 start of trial. Where to serve the Claim Form?
offers 1. Preferably to the solicitors’ address, but only if they are
authorised to accept service. – CPR 6.7(1)(b)
PRE-ACTION * Interview Claimant client
* Claimant sends Letter of Claim 2. If there is no solicitor, serve it at the Defendant’s last known
* Consider ADR place of residence (must be provided by the Defendant) or the
* Defendant sends Letter of 14 days from company’s principal office. – CPR 6.8 – it will not matter if the
Response Letter of Claim Defendant never received it once served here.
MAKING A * Issue Claim form 3. If the serving party has reason to believe that the other party
CLAIM * Serve Claim form on Defendant 4 months from was no longer there – then they must take reasonable steps to
– CPR 7.5 issue date find the right address.
* Serve Particulars of Claim (PoC) 14 days from
with Claim form or separately Claim form Who serves the Claim Form?
* File Certificate of Service 21 days from The court by post unless the Claimant wishes to serve it. – CPR 6.4
Claim form
How to serve the Claim Form?
DEFENDANT * File Acknowledgement of 14 days from
RESPONSE Service PoC CPR 7.5(2) The Claim Form must be served by taking the ‘relevant step’
* File Defence and Counterclaim 28 days from within 4 months of the issue date.
PoC
CPR 7.4 Aim to serve the Particulars at same time as the Claim Form.
MANAGING * Notice of Proposed Allocation –
THE CASE CPR 26.4 WHAT IS THE RELEVANT STEP? CPR 7.5(1)
* Directions Questionnaire
* Allocation hearing
* Case and Cost management Method of service Relevant Step
conference
First class posts Post/leave the document with
CLAIMANT * Reply to Defence and postal service
REPLY Counterclaim – CPR 15.8 Delivery or leaving at address Delivered or left at address
Personal service Leave with individual or partner
EVIDENCE * Instruct experts at company
* Disclosure and inspection Fax (if other party accepts fax) Fax transmitted
* Parties exchange witness Electronic service – eg. email Email sent
statements – CPR 32
* Parties exchange expert reports
– CPR 35 WHAT IS THE DEEMED DATE OF SERVICE?
PRE-TRIAL * Court sends Pre-trial checklist 14 days pre-trial CPR 6.14 Claim form is deemed served on 2nd business day after the
* Pre-trial hearing relevant step. – eg. If posted on Friday, deemed served on Tuesday
* Claimant files trial bundles 3 days pre-trial
* Prepare skeleton arguments CPR 7.6 If the claimant is to serve the claim form late, apply for an
and list of authorities extension before the period ends.
* Consider Notice to admit facts
* Prepare a case summary Good to know the deemed date of service of the Claim Form:
* Summon reluctant witnesses • For Claimants: the time limit for serving the PoC runs from the
* Prepare Brief to counsel deemed date of service of the claim form.
• For Defendants: the deadline for serving a response to the claim
TRIAL * Opening statements form runs from the deemed date of service of the claim form.
* Call evidence
* Closing submissions If you are only dealing with the Claim Form, skip the next heading and
* Judgment start counting time.
* Costs hearing
POST-TRIAL * Appeals – CPR 52 If “other documents” – how has it been served?
* Enforce judgment – CPR 70 CPR 6.26 Service of any document other than Claim Form:
COUNTING TIME: *POPULAR EXAM Q* Method of service Deemed served
Exam Structure – Counting time: First class post 2nd business day after posting
1. What is the document served? Delivery or leaving at address If served before 4.30pm on a
* Claim form Personal service business day, then same day,
* Other documents Fax (if other party accepts fax) otherwise next business day.
Electronic service
2. How has it been served? Deemed served?
3. How should the other side respond? Particulars of Claim:
4. Count the final deadline The Particulars of Claim may or may not be attached to the Claim Form,
although, in practice, it will be attached in most cases.
What is the document served? If the Particulars was attached:
If Claim form – CPR 7.5 CPR 6.14 It will be deemed served at the same time as the Claim Form.
If not Claim form, it will belong to “other documents” – CPR 6.26
After service, file a Certificate of Service within 21 days of service of
para 6.1(2) and 7.1 PD 7A If the Particulars is not served with the Claim Particulars of Claim, unless all Defendants filed an Acknowledgement of
Form, it must be served within 14 days of service of the Claim Form. Service by then.
Civil Litigation – Revision notes | Page 2 of 32
CIVIL LITIGATION
REVISION NOTES
Legal Practice Course
Do not print this cover page unless you need it,
colour prints can be expensive.
, ONE-PAGE EXAM OVERVIEW
PROCEDURE TIMELINE: KEY DEADLINES: COUNTING TIME:
1. Pre-action Claim form:
CPR 7.5 C must serve Claim Form within 4
2. Claim form – CPR 7.5 months of issue.
3. Particulars of Claim – CPR 7 Method Relevant Step
CPR 7.5(1)
4. Acknowledgement of Service – CPR 10.3 File Certificate of service within 21 days of First class post Post
5. Admissions – CPR 14 service of the Claim Form. Delivery/leaving Delivered or left at
6. Defence – CPR 15.4(1)(a)-(b) at address address
CPR 7 Serve Particulars of Claim with the Personal service Leave with
7. Notice of proposed allocation – CPR 26.4 Claim Form. individual/company
8. Directions Questionnaire Email Email sent
9. Allocation If served separately: serve within 14 days
10. Case and costs management conference after Claim Form served. CPR 6.14 Deemed served on 2nd business
11. Instruct experts day after the relevant step.
CPR 10.3 Defendant to file AoS within 14
12. Disclosure and inspection – CPR 31 days after PoC. Other documents:
13. Exchange witness statements – CPR 32
14. Exchange experts’ reports – CPR 35 If D did not acknowledge service: Method of service Deemed served
CPR 15.4 File and serve the Defence within CPR 6.26
15. Preparation for trial 14 days after PoC. First class post 2nd business day
16. Trial after posting
17. Appeals If D acknowledged service: Delivery or leaving If served before
18. Enforcement – CPR 44.2 CPR 15.4 D must file and serve the Defence at address 4.30pm on a
within 28 days after PoC. Personal service business day,
Electronic service same day, if not,
next business day.
KEY RULES:
TIME EXTENSION: Counting time:
CPR 1.1 Overriding objective: all cases must * Days = ’clear days’ not incl. first day. If
be dealt with justly and proportionately. In time application: last day ends with a hearing, then add
* Applicant’s reason the delay 1 day.
Who pays? Unsuccessful party pays * Delay in making the application? * If the period is 5 days or less, do not
successful party’s costs – CPR 44.2(2)(a) * Overriding objective include weekends and bank holidays.
* Will it cause disruption? * If the period is more than 5 days,
Judgment in default: include weekends and bank holidays.
CPR 12.1 C may apply if D did not file AoS or Out of time application:
defence within time limits. CPR 3.9(1) Apply for relief from sanctions.
Summary judgment: Relief will be granted if: Denton PART 36 OFFERS:
The court decides the claim or issue without 1. Breach is not serious/significant
a full trial. 2. There was a legitimate reason for Claimant’s offer, Defendant rejects:
breach Claimant wins same/more: CPR 36.17(1)(b)
Grounds: CPR 24.2 3. Other circumstances suggest relief
1. C/D has no real prospect of succeeding D pays: Damages + own costs + all of C’s costs
should be allowed until trial + Penalty
on claim/issue
2. No other compelling reason why case
should be disposed of at trial Claimant wins less:
DISCLOSURE: D pays: Damages + own costs + all of C’s costs
Security for costs: until trial.
Standard disclosure:
D applies if they have a reason to believe that Claimant loses:
C cannot pay for the costs of the case. 1. Is it a document? – CPR 31.4
2. Was it in client’s control? – CPR 31.8 C pays: Own costs
D pays: all of C’s costs until trial.
3. Test of standard disclosure – CPR 31.6
(i) Reliance documents Defendant’s offer, Claimant rejects:
WHICH COURT? (ii) Docs adversely affecting their
own case/other party’s case Claimant wins same/less: CPR 36.17(1)(a)
PD7A para 2.1 (iii) Docs supporting the other C pays: Own costs + ‘Split costs’ order
If value of claim is less than £100,000 – party’s case
County Court. Claimant wins more:
Inspection: *Can be withheld if privileged* D pays: Damages + own costs + all of C’s costs
£100,000 or more – client may choose:
County Court or High Court. Types of privilege: until trial.
× Legal advice – documents prepared
If there is a choice – PD 7A para 2.4 factors: to give legal advice Claimant loses:
(1) Over £100,000 by much? CPR 16.3(5) C pays: C pays D’s costs + Interest on D’s costs
× Litigation – prepared for litigation (from relevant period expiry to trial) + Penalty
(2) Complexity × ‘Without prejudice’ – prepared to
(3) Importance to the public settle
ALLOCATION: ENFORCEMENT: WITNESS EVIDENCE: Mandatory injunctions:
Requires the other
Small claims track: If debtor has goods/vehicles – rely on a Witness’s evidence is false: side to do a specific
£10,000 or less – CPR 26.9 taking control of goods order. * CCS 1.4 You must not deceive/ act.
mislead the court, not aid the Prohibitory injunctions:
Fast track: If there is credit in bank account – use a witness in lying.
£10,000 – £25,000 third party debt order. * Cease to act, unless client CPR 25(1)(a)
Trial will be less than 5 hours agrees to disclose truth to Requires the other
and only 1 expert per party. For land/shares – use a charging order. court. side to refrain from
doing an act.
Intermediate track:
£25,000 – £100,000 For a salary – use an attachment of Inconsistency in witness’s story:
Simple claims earnings order. * Immediately inform court with
client’s consent.
Multi-Track: If all else fails – bankruptcy/insolvency * If client doesn’t consent, cease Litigation Exam: Civil
Everything else proceedings. to act. 65%, Criminal 35%
ALL THE KEY INFORMATION ON ONE PAGE
Civil Litigation – Revision notes | Page 1 of 32
, PROCEDURE OVERVIEW AND DEADLINES If Claim form – how has it been served?
Service of Claim Form? *Only mention if asked*
PROCEDURE TIMELINE:
Serve Claim Form by sending it to court with one copy for each
Interim May begin from before the claim form is filed until Defendant, one for Claimant, one for court + court fee.
remedies the start of trial. – CPR 23-25 Sealing the Claim Form (issue date) = starts proceedings + stops
and ADR limitation period. – para 5.1 and 5.2 PD 7A
Settlement May be made from commencement up until the
and Part 36 start of trial. Where to serve the Claim Form?
offers 1. Preferably to the solicitors’ address, but only if they are
authorised to accept service. – CPR 6.7(1)(b)
PRE-ACTION * Interview Claimant client
* Claimant sends Letter of Claim 2. If there is no solicitor, serve it at the Defendant’s last known
* Consider ADR place of residence (must be provided by the Defendant) or the
* Defendant sends Letter of 14 days from company’s principal office. – CPR 6.8 – it will not matter if the
Response Letter of Claim Defendant never received it once served here.
MAKING A * Issue Claim form 3. If the serving party has reason to believe that the other party
CLAIM * Serve Claim form on Defendant 4 months from was no longer there – then they must take reasonable steps to
– CPR 7.5 issue date find the right address.
* Serve Particulars of Claim (PoC) 14 days from
with Claim form or separately Claim form Who serves the Claim Form?
* File Certificate of Service 21 days from The court by post unless the Claimant wishes to serve it. – CPR 6.4
Claim form
How to serve the Claim Form?
DEFENDANT * File Acknowledgement of 14 days from
RESPONSE Service PoC CPR 7.5(2) The Claim Form must be served by taking the ‘relevant step’
* File Defence and Counterclaim 28 days from within 4 months of the issue date.
PoC
CPR 7.4 Aim to serve the Particulars at same time as the Claim Form.
MANAGING * Notice of Proposed Allocation –
THE CASE CPR 26.4 WHAT IS THE RELEVANT STEP? CPR 7.5(1)
* Directions Questionnaire
* Allocation hearing
* Case and Cost management Method of service Relevant Step
conference
First class posts Post/leave the document with
CLAIMANT * Reply to Defence and postal service
REPLY Counterclaim – CPR 15.8 Delivery or leaving at address Delivered or left at address
Personal service Leave with individual or partner
EVIDENCE * Instruct experts at company
* Disclosure and inspection Fax (if other party accepts fax) Fax transmitted
* Parties exchange witness Electronic service – eg. email Email sent
statements – CPR 32
* Parties exchange expert reports
– CPR 35 WHAT IS THE DEEMED DATE OF SERVICE?
PRE-TRIAL * Court sends Pre-trial checklist 14 days pre-trial CPR 6.14 Claim form is deemed served on 2nd business day after the
* Pre-trial hearing relevant step. – eg. If posted on Friday, deemed served on Tuesday
* Claimant files trial bundles 3 days pre-trial
* Prepare skeleton arguments CPR 7.6 If the claimant is to serve the claim form late, apply for an
and list of authorities extension before the period ends.
* Consider Notice to admit facts
* Prepare a case summary Good to know the deemed date of service of the Claim Form:
* Summon reluctant witnesses • For Claimants: the time limit for serving the PoC runs from the
* Prepare Brief to counsel deemed date of service of the claim form.
• For Defendants: the deadline for serving a response to the claim
TRIAL * Opening statements form runs from the deemed date of service of the claim form.
* Call evidence
* Closing submissions If you are only dealing with the Claim Form, skip the next heading and
* Judgment start counting time.
* Costs hearing
POST-TRIAL * Appeals – CPR 52 If “other documents” – how has it been served?
* Enforce judgment – CPR 70 CPR 6.26 Service of any document other than Claim Form:
COUNTING TIME: *POPULAR EXAM Q* Method of service Deemed served
Exam Structure – Counting time: First class post 2nd business day after posting
1. What is the document served? Delivery or leaving at address If served before 4.30pm on a
* Claim form Personal service business day, then same day,
* Other documents Fax (if other party accepts fax) otherwise next business day.
Electronic service
2. How has it been served? Deemed served?
3. How should the other side respond? Particulars of Claim:
4. Count the final deadline The Particulars of Claim may or may not be attached to the Claim Form,
although, in practice, it will be attached in most cases.
What is the document served? If the Particulars was attached:
If Claim form – CPR 7.5 CPR 6.14 It will be deemed served at the same time as the Claim Form.
If not Claim form, it will belong to “other documents” – CPR 6.26
After service, file a Certificate of Service within 21 days of service of
para 6.1(2) and 7.1 PD 7A If the Particulars is not served with the Claim Particulars of Claim, unless all Defendants filed an Acknowledgement of
Form, it must be served within 14 days of service of the Claim Form. Service by then.
Civil Litigation – Revision notes | Page 2 of 32
