Civil Litigation – Fully Solved Questions And
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Terms in this set (120)
the court's general case mgmt powers -extend/shorten the time for compliance with any
(CPR 3.1(2)) rule, practice direction or court order
-adjourn hearings or bring them forward
-require a party or their legal representative to
attend court
-stay the whole or part of the proceedings or
judgment either generally or until a specified event
-order any party to file and serve a costs budget
plus general provision for the court to take any other
step or any order to manage the case or further the
overriding objective
court's power to make orders of its without either party taking a step, the court could
own initiative (CPR 3.3) provide new directions or terminate a case
if the court does this
without a hearing; and
without giving the parties the opportunity to make
representations
the court will include a statement in the order that
the parties have a right to apply to:
-set aside
-stay; or
-vary the order within a given period.
when the court makes orders of its any application should be made within 7 days of the
own initiative: what if the court does date on which the order was served on the applicant
not specify a given period to set party.
aside/stay/vary an order ?
,what does 'strike out' mean? the deletion of written material from a statement of
case so that it cannot be relied on in the proceedings
by any party. it can include deletion of the entire
statement of case so that the case is effectively over.
strike out is designed to target cases that
inadequately drafted or otherwise an abuse of the
court process.
how can the court exercise its power the whole OR part of a statement of case
to strike out? (CPR 3.4)
of its own initiative OR on the application of a party
when should a strike out application asap, and preferably before allocation
be made?
when will a court usually exercise its around the allocation / case mgmt stage, when the
own initiative to strike out? court first engages with the substance of the dispute
how often is strike out used? used sparingly by the courts as there are often more
suitable ways to deal with defective cases:
-requiring the party at fault to amend its statement of
case
-imposing a sanction such as adverse costs order
difference between strike out and considerable overlap between the two provisions
summary judgment
strike out focuses on statement of case and so
covers cases which do not amount to a legally
recognisable claim or defence; case issues are weak
summary judgment covers cases weak on the facts
, difference between strike out and default judgment (CPR 12) is the consequence of the
default judgment defendant failing to respond to a claim (so is
procedural)
D fails to file acknowledgement of service and/or
defence within the CPR time limits
court does not consider merits of the case
grounds for strike out (3) (a) the statement of case discloses no reasonable
ground for bringing or defending the claim
(b) the statement of case is an abuse of the court's
process or otherwise likely to obstruct the just
disposal of proceedings
(c) failure to comply with a rule, practice direction or
court order
(a) (the SoC discloses) no reasonable example 1: a claim which stated 'money owed £5,000'
ground for bringing or defending the without explaining how and why the debt arose: duty
claim - examples breach and causation. the statement does not
include the required facts.
example 2: a defence denies a claim without giving
any reasons for the denial. this is incoherent and in
breach of the rules.
what is 'abuse of process' and misuseof procedure (but not defined in the CPR)
example
Lord Bingham: "using that process for a purpose or in
a way that significant different from its ordinary and
proper use"
example: a vexatious litigant; obviously a misuse of
court proceedings to commence a claim with no
intention of taking the case further. it is not using the
court procedure for the purpose it is designed.
Solutions
Save
Terms in this set (120)
the court's general case mgmt powers -extend/shorten the time for compliance with any
(CPR 3.1(2)) rule, practice direction or court order
-adjourn hearings or bring them forward
-require a party or their legal representative to
attend court
-stay the whole or part of the proceedings or
judgment either generally or until a specified event
-order any party to file and serve a costs budget
plus general provision for the court to take any other
step or any order to manage the case or further the
overriding objective
court's power to make orders of its without either party taking a step, the court could
own initiative (CPR 3.3) provide new directions or terminate a case
if the court does this
without a hearing; and
without giving the parties the opportunity to make
representations
the court will include a statement in the order that
the parties have a right to apply to:
-set aside
-stay; or
-vary the order within a given period.
when the court makes orders of its any application should be made within 7 days of the
own initiative: what if the court does date on which the order was served on the applicant
not specify a given period to set party.
aside/stay/vary an order ?
,what does 'strike out' mean? the deletion of written material from a statement of
case so that it cannot be relied on in the proceedings
by any party. it can include deletion of the entire
statement of case so that the case is effectively over.
strike out is designed to target cases that
inadequately drafted or otherwise an abuse of the
court process.
how can the court exercise its power the whole OR part of a statement of case
to strike out? (CPR 3.4)
of its own initiative OR on the application of a party
when should a strike out application asap, and preferably before allocation
be made?
when will a court usually exercise its around the allocation / case mgmt stage, when the
own initiative to strike out? court first engages with the substance of the dispute
how often is strike out used? used sparingly by the courts as there are often more
suitable ways to deal with defective cases:
-requiring the party at fault to amend its statement of
case
-imposing a sanction such as adverse costs order
difference between strike out and considerable overlap between the two provisions
summary judgment
strike out focuses on statement of case and so
covers cases which do not amount to a legally
recognisable claim or defence; case issues are weak
summary judgment covers cases weak on the facts
, difference between strike out and default judgment (CPR 12) is the consequence of the
default judgment defendant failing to respond to a claim (so is
procedural)
D fails to file acknowledgement of service and/or
defence within the CPR time limits
court does not consider merits of the case
grounds for strike out (3) (a) the statement of case discloses no reasonable
ground for bringing or defending the claim
(b) the statement of case is an abuse of the court's
process or otherwise likely to obstruct the just
disposal of proceedings
(c) failure to comply with a rule, practice direction or
court order
(a) (the SoC discloses) no reasonable example 1: a claim which stated 'money owed £5,000'
ground for bringing or defending the without explaining how and why the debt arose: duty
claim - examples breach and causation. the statement does not
include the required facts.
example 2: a defence denies a claim without giving
any reasons for the denial. this is incoherent and in
breach of the rules.
what is 'abuse of process' and misuseof procedure (but not defined in the CPR)
example
Lord Bingham: "using that process for a purpose or in
a way that significant different from its ordinary and
proper use"
example: a vexatious litigant; obviously a misuse of
court proceedings to commence a claim with no
intention of taking the case further. it is not using the
court procedure for the purpose it is designed.
