1
Q
Overriding Objective: What are the two core limbs?
A
Dealing with cases justly and at proportionate cost (CPR 1.1).
2
Q
Duty to Court: Does a solicitor’s duty to the court override the duty to the client?
A
Yes. Solicitors must not mislead the court or allow a client to do so.
3
Q
ADR Refusal: What is the most likely sanction for an unreasonable refusal of ADR?
A
Costs sanctions (even if that party eventually wins the case).
4
Q
Specific Protocols: Name three specific Pre-Action Protocols.
A
Personal Injury, Professional Negligence, Construction and Engineering.
5
Q
PDPAC: When does the Practice Direction on Pre-Action Conduct apply?
A
When there is no specific protocol for that type of claim.
6
Q
ADR: Is ADR compulsory?
A
No, but unreasonable refusal leads to cost sanctions.
7
Q
Default PAP: What rule applies if there is no specific protocol?
A
Practice Direction – Pre-Action Conduct (PDPAC).
8
Q
Letter of Response: What is the typical initial acknowledgement period?
A
14 days.
9
Q
Duty to Court: Does a solicitor’s duty to the court override the client?
A
Yes. You must not mislead the court or allow a client to do so.
10
Q
Sanction: What is the penalty for unreasonably refusing ADR?
A
Costs sanctions (the winner may not get their costs paid by the loser).
11
Q
Mediation: Is a mediator’s decision binding?
A
No. Only if the parties sign a formal settlement agreement.
12
Q
Arbitration: Can you easily appeal an Arbitrator’s award?
A
No. Arbitration is generally final and binding.
13
Q
Stay: Can a court pause a case to allow for ADR?
A
Yes. This is called a “Stay for ADR.”
14
Q
Disclosure: Are ADR discussions disclosable to the judge?
A
No. They are protected by Without Prejudice privilege.
15
Q
Binding: Is a verbal agreement in mediation binding?
A
No. It must be a signed written agreement to be a binding contract.
16
Q
Refusal: What is the burden of proof for a refusal?
A
The unsuccessful party must prove the winner’s refusal was unreasonable.
17
Q
Mediator’s Role: Does a mediator give legal advice or a judgment?
A
No. They facilitate negotiation; they do not decide the winner.
18
Q
Without Prejudice: Can I tell the judge what the Co-op offered in mediation?
A
No. All discussions are protected by Without Prejudice privilege.
19
Q
Statutory Framework: What is the primary legislation governing arbitration in England and Wales?
A
The Arbitration Act 1996.
20
Q
The “Stay” (s.9): If a party sues in court despite an arbitration clause, what must the court do?
A
Grant a mandatory stay of the court proceedings (unless the clause is null/void).
21
Q
Confidentiality: Is arbitration naturally confidential in English law?
A
Yes. There is an implied duty of confidentiality (unlike public court hearings).
22
Q
What is the name of the final decision made by an arbitrator?
A
An Award (which is equivalent to a court judgment for enforcement purposes).
23
Q
How do you enforce an arbitration award in the High Court?
A
Section 66: By applying for permission to enforce the award in the same manner as a judgment.
24
Q
Advantage (Expertise): How does the decision-maker differ from a judge?
A
Parties can choose an arbitrator with technical expertise in the specific industry.
25
Advantage (Privacy): Why is arbitration preferred for sensitive business disputes?
It is a private process; the "dirty laundry" (like the emails in your case) is not public record.
26
Advantage (Enforcement): Why is it better for international disputes?
The New York Convention allows enforcement of awards in over 170 countries.
27
Disadvantage (Cost): Why can arbitration be more expensive than court?
Parties must pay the Arbitrator’s fees and the cost of the venue (courts are taxpayer-funded).
28
Disadvantage (Appeals): Can you easily appeal an arbitrator's mistake?
No. Rights of appeal are very limited (s.68 for serious irregularity or s.69 for error of law).
29
Separability: If the main contract is invalid, does the arbitration clause still work?
Yes. The arbitration clause is treated as a separate agreement (Doctrine of Separability).
30
Immunity: Can you sue an arbitrator for making a bad decision?
No. Arbitrators have statutory immunity unless they acted in bad faith (s.29).
31
Court Intervention: Can the court help if an arbitrator lacks the power to act?
Yes. The court has supporting powers (e.g., securing evidence) but follows the principle of minimal intervention.
32
Competence: Who decides if the arbitrator has the power to hear the case?
The Arbitrator (they can rule on their own jurisdiction).
33
Overriding Objective: Where is it found in the CPR?
CPR 1.1.
34
What is the general threshold for the High Court?
£100,000.
35
What is the threshold for Personal Injury in the High Court?
£50,000.
36
Where should a claim for £50,000 be started?
The County Court (unless it is complex).
37
What is the court's power if a party misses a deadline?
To order Sanctions, such as striking out the claim or a "Unless Order."
38
High Court Threshold
What is the minimum financial value for a non-PI claim in the High Court?
£100,000 (claims below this must start in the County Court).
39
Personal Injury (PI) Threshold
What is the High Court threshold for PI claims?
£50,000.
40
County Court Jurisdiction
Can the County Court hear a claim for £500,000?
Yes. It has unlimited jurisdiction for contract/tort money claims.
41
Equity Jurisdiction
What is the County Court's limit for equitable claims (e.g., trust disputes)?
£30,000.
42
Chancery Division
Name two types of claims typically heard in the Chancery Division.
Trusts, Wills/Probate, Intellectual Property, and Mortgage possession.
43
What is the financial limit for most Small Claims?
£10,000 (Note: £1,500 for PI and £1,000 for housing disrepair).
44
Fast Track Limit: What is the value range for the Fast Track?
£10,000 to £25,000.
45
Intermediate Track: What is the value range for the new Intermediate Track?
£25,000 to £100,000.
46
Trial Length: What is the maximum trial length for a Fast Track case?
One day (approx. 5-6 hours).
47
Standard Disclosure: Which track usually limits disclosure to only the documents parties rely on?
The Small Claims Track.
48
CPR 1.1: What are the two pillars of the Overriding Objective?
Dealing with cases justly and at proportionate cost.
49
Equality: What does "ensuring parties are on an equal footing" mean?
The court assists unrepresented parties and manages imbalances in resources.
50
Duty to Court: Does a solicitor’s duty to the client trump their duty to the court?
No. The duty to the court is paramount.
51
Sanctions: What is the "Unless Order"?
An order stating that unless a party complies with a rule, their claim/defense will be struck out.
52
Relief from Sanctions: Which case provides the 3-stage test for relief?
Denton v TH White (Serious/significant breach? Why? All circumstances?).
53
Acknowledgment of Service: How long does a defendant have to acknowledge a claim?
14 days from service of the Particulars of Claim.
54
Defense Deadline: How long is the total deadline for a Defense if an Acknowledgment is filed?
28 days from service of the Particulars of Claim.
55
Extension by Agreement: How long can parties agree to extend the defense deadline without the court?
Up to 28 days (totaling 56 days from service).
56
Professional Ethics: What must a solicitor do if a client refuses to disclose a relevant "bad" document?
## Footnote
Hint: Ethical obligation to avoid misleading the court.
The solicitor must cease to act (as they cannot mislead the court).
57
Sanctions: What is the primary sanction for failing to follow a PAP?
The court may order the non-complying party to pay the other's costs.
58
Debt Protocol: How long does an individual have to respond to a business debt claim?
30 days.
59
Expert Evidence: What is the court's preference for expert witnesses?
A Single Joint Expert (SJE) to save costs and maintain neutrality.
60
Limitation: Does following a PAP stop the limitation clock?
No. If the limitation period is about to expire, you must issue the claim and then ask for a stay.
61
Professional Neg: How long is the investigator period for professional negligence?
3 months from the Letter of Claim.
62
Sanctions: What is the most common sanction for ignoring a PAP?
The court may order the breaching party to pay the other's costs or reduce interest.
63
Expert Evidence: Can you hire your own expert during Pre-Action?
You should try to agree on a Single Joint Expert (SJE) first to keep costs proportionate.
64
Limitation: Does a PAP stop the 6-year limitation clock?
No. You must issue the claim to stop the clock and then ask for a stay to finish the PAP.
65
Debt Protocol: When can a business issue a claim against an individual?
Only after the 30-day response period has expired.
66
Disclosure: Are you required to give the "bad" documents Pre-Action?
Yes, you must provide documents that undermine your case if they are "key."
67
Particulars: When must separate Particulars be served?
Within 14 days of service of the Claim Form.
68
Statement of Truth: What happens if a Claim Form lacks a Statement of Truth?
It is not effective and can be struck out by the court.
69
Service Window: What is the time limit to serve a Claim Form in the UK?
4 months from the date of issue.
70
Business Day: Does a Saturday or Bank Holiday count for "Deemed Service"?
No. Deemed service only lands on "Business Days."
71
Certificate of Service: When must a Claimant file a Certificate of Service?
Within 21 days of service (if the Defendant has not acknowledged).
72
Hague 2005: What does this convention protect?
Exclusive Jurisdiction Clauses between member states.
73
Forum Non Conveniens: What does this mean?
That the court is not the appropriate forum for the dispute.
74
Service Abroad: Do you need permission to serve a claim in Scotland?
No, as long as there is a connection to England/Wales.
75
Rome I: If a contract is silent on law, which law generally applies?
The law of the country where the service provider has their habitual residence.
76
Permission to Serve Out: Which CPR Part governs this application?
CPR 6.36.
77
Name the five stages to litigation:
1) Pre-commencement
2) Issuing of court proceedings
3) Interim matters
4) Trial and appeal
5) Post trial - enforcement
78
Debt PAP (Individual): How long must a business wait after the Letter of Claim?
30 days.
79
Prof. Negligence: How long is the "Investigation Period" for the Defendant?
3 months from the Letter of Acknowledgment.
80
Extension: Can the 3-month Prof. Neg. period be extended?
Yes, by agreement between the parties.
81
Standard PDPAP: What is the "default" response time if no PAP applies?
A "reasonable period" (usually 14 days for simple, 28 for complex).
82
Doubt (Standard): Who benefits from doubt on the Standard Basis?
The Paying Party (the loser).
83
Doubt (Indemnity): Who benefits from doubt on the Indemnity Basis?
The Receiving Party (the winner).
84
Proportionality: Is proportionality considered on an Indemnity Basis?
No. Only "reasonableness" is considered.
85
Trigger: What is the most common tactical trigger for indemnity costs?
Failing to beat a Claimant’s Part 36 Offer.
86
Conduct: Which CPR Part allows the court to award indemnity costs for bad behavior?
CPR 44.4.
87
Priority: If a specific PAP exists, do you still follow the PDPAP?
No. The specific PAP overrides the general PDPAP.
88
Compliance: Is substantial compliance enough for a specific PAP?
No. Specific PAPs often require exact forms (like the Debt Reply Form) to be sent.
89
Sanctions: Are sanctions the same for both?
Yes. Failure to follow either results in cost/interest sanctions under CPR 44.
90
ADR: Do both require parties to consider ADR?
Yes. All pre-action behavior must aim to settle without court.
91
Hague 2005: Does it apply to non-exclusive jurisdiction clauses?
No. It only applies to exclusive choice of court agreements.
92
Brussels I Recast: Does it still apply to UK claims issued today?
No. It only applies to cases started before 31 December 2020.
93
Anti-Suit Injunction: Can English courts now block EU proceedings?
Yes. English courts have regained the power to issue anti-suit injunctions.
94
Service: Does the EU Service Regulation apply in the UK in 2026?
No. Service is governed by the Hague Service Convention 1965.
95
Hague 2019: What is the 2019 Convention for?
The enforcement of judgments (even without an exclusive clause).
96
Obligation: Does an exclusive clause force a court to hear a case?
Yes. Under Hague 2005, the chosen court cannot refuse.
97
Default: If a clause is silent on "exclusivity," what is it?
Usually treated as non-exclusive (unless stated otherwise).
98
Enforcement: Which is easier to enforce abroad?
Exclusive, because it is protected by international treaty (Hague 2005).
99
Stay: Can a court stay a case with an exclusive clause?
No, unless the agreement itself is null and void.
100
Simple Contract
6 years from the date of the breach (s.5).
101
Tort (excluding Personal Injury)
6 years from the date the damage occurred (s.2).
102
Deeds (Specialties)
12 years from the date of the breach (s.8).
103
Primary Period (Personal Injury)
3 years from the date of the injury or the date of knowledge (if later) (s.11).
104
Section 33
The Court has a broad discretionary power to 'disapply' the 3-year limit if it would be equitable to allow the claim to proceed, considering the prejudice to both parties.
105
Period (Defamation or Malicious Falsehood)
1 year from the date of publication (s.4A).
106
The 'Single Publication Rule'
If the same material is published again by the same person (e.g., an online article remains live), the clock still starts from the first publication date (Defamation Act 2013).
107
Section 32A
The court has a very limited discretion to extend this if it's equitable, but it is rarely granted.
108
Under what three circumstances is the limitation period postponed?
Under Section 32, the clock only starts when the Claimant discovered the truth (or could have with 'reasonable diligence') if: The action is based on the Fraud of the defendant. Any fact relevant to the claim was deliberately concealed by the defendant. The action is for relief from the consequences of a Mistake.
109
Key Case (2024/25)
Canada Square Operations v Potter confirmed that 'deliberate concealment' means the defendant knew they were breaking a duty and kept it quiet.
110
Latent Damage (Negligence)
3 years from the date of knowledge, subject to a 15-year 'Longstop' from the date of the negligent act.
111
Building Safety Act 2022 (Retrospective)
For claims under the Defective Premises Act 1972 regarding dwellings completed before June 2022, the limitation was extended to 30 years.
112
Building Safety Act 2022 (Prospective)
For dwellings completed on or after 28 June 2022, the period is 15 years.
113
Service Deadline
How long to serve a Claim Form in the UK?
4 months from the date of issue.
114
Deemed Service
What day is the Claim Form deemed served?
The second business day after the relevant step.
115
AOS Extension
How many extra days does an AOS give for a Defense? I
Increases the 14-day limit to 28 days.
116
Statement of Truth
What is the consequence of a missing Statement of Truth?
The document may be struck out or ignored as evidence.
117
Small Claims (PI)
What is the Small Claims limit for PI damages?
£1500 for the pain and suffering element
118
The "Golden Rule": What is the deemed service date for a Claim Form?
The second business day after the relevant step (e.g., posting) was taken.
119
"Business Day" Definition: Which days are excluded from "Business Days"?
Saturdays, Sundays, and Bank Holidays.
120
Other Documents (Post): What is the deemed service for a Defense sent by 1st class post?
The second day after it was posted (provided that day is a business day).
121
Other Documents (Email): When is a document (not a Claim Form) sent by email deemed served?
The same day it was sent (provided it was sent before 4:30 PM on a business day).
122
After 4:30 PM Rule: What happens if you email a Defense at 5:00 PM on a Friday?
It is deemed served the next business day (Monday).
123
Personal Service: If a Claim Form is handed to the Defendant on a Sunday, when is it "Deemed Served"?
The following Tuesday (the second business day after the "step" was taken).
124
What are the 5 formal requirements for a valid Part 36 offer?
1. In writing. 2. State it is made pursuant to Part 36. 3. Specify a Relevant Period (min. 21 days). 4. State if it relates to the whole or part of the claim. 5. State if it takes into account any counterclaim.
125
If a Part 36 offer is accepted within the Relevant Period, who pays costs?
The Defendant pays the Claimant’s costs on the Standard Basis up to the date of notice of acceptance.
126
What is the 'Cost Penalty' if a Claimant fails to beat a Defendant's Part 36 offer?
The Claimant pays the Defendant's costs (plus interest on those costs) from the date the Relevant Period expired.
127
What are the 4 'Bonus' consequences if a Claimant beats their own Part 36 offer at trial?
1. Indemnity costs (from expiry of Relevant Period). 2. Enhanced interest on costs (up to 10% above base). 3. Enhanced interest on damages (up to 10% above base). 4. Additional Amount (max £75k bonus).
128
When can a Part 36 offer be withdrawn without court permission?
Only after the Relevant Period has expired. To withdraw during the period requires court permission if the offeree wants to accept it.
129
How does a Claimant formally discontinue a claim?
By filing and serving a Notice of Discontinuance (CPR 38).
130
What is the general cost consequence of discontinuance?
The Claimant is liable for the Defendant's costs incurred up to the date the notice was served.
131
When does a Claimant need Court Permission to discontinue?
1. Where an interim injunction has been granted. 2. Where the Claimant has received an interim payment.
132
Does discontinuance prevent a Claimant from bringing the same claim again?
Generally yes, if they discontinue after the Defendant has filed a defence, they need court permission to bring the same claim again.
133
What are the two parts of a Tomlin Order?
1. The Order (public): Stays proceedings. 2. The Schedule (confidential): Contains the specific settlement terms.
134
How do you enforce a settlement reached before proceedings are issued?
You must start a new claim for breach of contract, as the settlement is just a private contract.
135
What is a 'Consent Order'?
A court order where the terms are set out in the body of the order itself (making the terms public), signed by both parties.
136
Why use a Tomlin Order instead of a simple Consent Order?
To keep the financial terms confidential and to include terms that the court wouldn't normally have the power to order (e.g., an apology or a non-compete).
137
What is the "Rule of Silence" in a Defence?
If a Defendant fails to deal with an allegation, they are deemed to have admitted it (except for the amount of a money claim).
138
When must a Medical Report and Schedule of Loss be served?
In a Personal Injury claim, these must be served with the Particulars of Claim.
139
What are the consequences of a missing Statement of Truth?
The document is not struck out automatically, but it cannot be relied upon as evidence and the court may strike it out if not corrected.
140
What must a Defendant do when denying an allegation?
They must state why they deny it and provide their own alternative version of events.
141
What is the "Prayer" in the Particulars of Claim?
The concluding section where the Claimant formally lists the specific remedies sought (Damages, Interest, Costs).
142
When can a Defendant file a Counterclaim without court permission?
If it is filed and served at the same time as the Defence.
143
What is the difference between Contribution and Indemnity?
Indemnity: 100% recovery (contractual). Contribution: A "just and equitable" share (Civil Liability (Contribution) Act 1978).
144
When is court permission needed to bring in a Third Party (Part 20)?
If the Part 20 claim is issued after the Defence has been filed.
145
Does a Part 20 claim die if the Main Claim is settled?
## Footnote
Hint: Independent claim that can continue regardless of the main case outcome.
No. A Part 20 claim is independent and can proceed to trial even if the original claim is stayed or dismissed.
146
What is a "Defence to Counterclaim"?
The Claimant's response to the Defendant’s counterclaim. It must be filed within 14 days (unless agreed otherwise).
147
Is a "Reply to Defence" mandatory?
No. It is optional. A Claimant only files one if they need to allege new facts to answer a point raised in the Defence.
148
What happens if a Claimant doesn't file a "Defence to Counterclaim"?
The Defendant can apply for Judgment in Default on the counterclaim.
149
What is the "Reply" deadline?
It is usually filed and served at the same time as the Directions Questionnaire.
150
Can a Reply raise a brand-new cause of action?
No. A Reply cannot contradict the Particulars of Claim or add new claims; that requires an Amendment.
151
When can a party amend a Statement of Case without ANY permission?
Any time before the document has been served on another party.
152
What are the 2 ways to amend AFTER service but before trial?
1. Written consent of all other parties. 2. Permission of the Court.
153
What is the "Costs of Amendment" rule?
The party making the amendment usually pays the costs of and caused by the amendment (the "pay to play" rule).
154
Will a court allow an amendment that adds a claim after the Limitation Period?
Only if the new claim arises out of the same (or substantially the same) facts as the original claim.
155
What is the test for a "Late Amendment" (near trial)?
The court is much stricter; it balances the "overriding objective" and looks for prejudice to the other side that cannot be compensated by costs.
156
What is the "No Real Prospect" test?
The test for Summary Judgment: the court must find the case has no realistic (as opposed to fanciful) chance of success.
157
Can a judge hear live witness evidence during a Summary Judgment hearing?
No. The judge decides based on the written evidence and legal arguments (skeleton arguments).
158
What is a "Conditional Order" in Summary Judgment?
An order requiring a party to pay money into court or take a step, because their case is possible but improbable.
159
What is the standard of proof for an Interim Payment?
The court must be satisfied the Claimant "would" (not just "might") win a substantial sum at trial.
160
Which form is used for most interim applications?
Form N244.
161
Which form is used for almost all interim applications?
Form N244 (Application Notice).
162
What is the standard "Clear Days" notice rule for interim applications?
The application must be served 3 clear days before the hearing (excluding the day of service and the day of the hearing). NB- Summary judgements require 14 days.
163
What is a "Consent Order"?
An order drafted and agreed upon by both parties, usually dealt with by the court without a hearing.
164
What is a "Summary Assessment of Costs"?
The process where the judge decides the costs of the interim hearing immediately at the end of that hearing, usually payable within 14 days.
165
When is an application dealt with "Without Notice"?
Only in cases of extreme urgency or where giving notice would defeat the purpose of the application (e.g., a Freezing Order).
166
What is the "Conditions" test for an Interim Payment?
The court must be satisfied that if the case went to trial, the Claimant would obtain judgment for a substantial sum (not just "might").
167
How much can the court order as an Interim Payment?
No more than a reasonable proportion of the likely amount of the final judgment.
168
Name 3 scenarios where the court MUST grant an interim payment.
1. Defendant has admitted liability.
2. Claimant has judgment for damages to be assessed.
3. Court is satisfied C would win at trial.
169
What factors must the court deduct when calculating the "Reasonable Proportion"?
1. Contributory negligence.
2. Any relevant Counterclaim or Set-off.
170
Is the trial judge told about an interim payment?
No. The fact that an interim payment has been made is kept secret from the trial judge until after liability and damages are decided.
171
What is the two-stage legal test for Summary Judgment?
1. The party has no real prospect of succeeding on the claim/defence; AND 2. There is no other compelling reason why the case should be disposed of at trial.
172
What is the minimum notice period for a Summary Judgment hearing?
14 days before the hearing date. Any written evidence must be seven days before.
173
When can a Claimant apply for Summary Judgment?
Only after the Defendant has filed an Acknowledgment of Service or a Defence (unless court permission is given).
174
What are the four types of orders a court can make at a SJ hearing?
1. Judgment for the applicant. 2. Dismissal of the application. 3. Conditional Order (pay money into court). 4. Strike out (if the statement of case is flawed).
175
Can Summary Judgment be sought in a claim for possession of residential premises?
No. Summary Judgment is not available in certain proceedings, including residential possession or admiralty claims in rem.
176
Can a Claimant apply for SJ immediately after issuing a claim?
No. They must wait for the Defendant to file an Acknowledge of Service or Defence (or get court permission).
177
What happens to the Defence deadline if an SJ application is made by the claimant?
If C applies for SJ before D files a Defence, D does not need to file a Defence until after the SJ hearing.
178
Is a Summary Judgment hearing public?
Yes. Unlike some interim matters, SJ is a final disposal of a claim and is generally held in open court.
179
What is a "Reverse Summary Judgment"?
It’s just the name for when a Defendant applies to have the Claimant’s case dismissed summarily.
180
What happens if a party ignores a Conditional Order?
If they fail to pay the money into court by the deadline, their claim/defence is automatically struck out.
181
How much notice must a Respondent get for a Summary Judgment hearing?
At least 14 days (CPR 24.4).
182
When must a Respondent serve their evidence in response?
At least 7 days before the hearing.
183
When must an Applicant serve their evidence in reply?
At least 3 days before the hearing.
184
What happens if an Applicant misses the 14-day service deadline?
The court will likely adjourn the hearing, and the Applicant may be ordered to pay the costs wasted by the delay.
185
D files an Acknowledgement of Service on (AoS) on Day 10. When is the Defence due?
Day 28 from the date of service of the Particulars of Claim.
186
Can a Claimant apply for SJ on Day 5 after serving the claim?
No. They must wait for the AoS or Defence to be filed first.
187
What is the max extension parties can agree for a Defence?
28 days (making 56 days total from service).
188
If D applies for SJ, do they still need to file a Defence by Day 28?
No. Filing an SJ application before the Defence deadline suspends the need to file a Defence until after the SJ hearing.
189
What is the name of the leading case for interim injunction tests?
American Cyanamid Co v Ethicon Ltd.
190
Interim Applications:
What is the most important factor in the injunction test?
Adequacy of damages. If money can fix the problem later, no injunction now.
191
What must a Claimant provide to get an interim injunction?
A cross-undertaking in damages (a promise to pay D if the injunction was a mistake).
192
What is the duty of "Full and Frank Disclosure"?
The duty to disclose all material facts to the court, including those helpful to the other side, during a without notice application.
193
When would the court favor the "Status Quo"?
When the "Balance of Convenience" between the parties is roughly equal.
194
What is the "Full and Frank Disclosure" duty?
The duty to disclose all material facts to the court, including those detrimental to the applicant’s case.
195
How long does a party have to apply to "Set Aside" a without notice order?
7 days from the date the order was served on them (CPR 23.10).
196
What is a "Return Date"?
A follow-up hearing where the Defendant is present to argue whether the interim order should continue or be cancelled.
197
What is the consequence of failing to provide full and frank disclosure?
The order is likely to be discharged (set aside), often with indemnity costs against the applicant.
198
What is the "Full and Frank Disclosure" duty?
The duty to disclose all material facts to the court, including those detrimental to the applicant’s case.
199
Name two common "Without Notice" orders.
1. Freezing Orders.
2. Search Orders.
200
What form is used for the Directions Questionnaire in the Fast/Multi-track?
Form N181. (N180 is for Small Claims).
201
What is the financial limit for the Small Claims track?
£10,000 (generally). PI cases are different, the value for pain and suffering and loss of amenity must not exceed £1500.
202
Can a case worth £50,000 be in the Multi-Track?
Yes, if the legal or factual complexity is so high that it requires more than 3 days of trial.
203
What is a "Case Management Conference" (CMC)?
A hearing in the Multi-Track used to set directions and review the parties' costs budgets.
204
What happens if a party misses a "peremptory" direction (an "Unless Order")?
Their statement of case is automatically struck out without further order of the court.
205
What is the financial limit for the Intermediate Track?
£25,000 to £100,000. Criteria: The case must be relatively straightforward (not requiring more than two experts per side).
Complexity: Trials are limited to three days or less.
Costs: Also subject to a strict Fixed Recoverable Costs regime to keep legal fees proportionate.
206
What is the name of the 3-stage test for Relief from Sanctions?
The Denton Test.
207
Who is a "Single Joint Expert" (SJE)?
An expert instructed by both parties to provide one neutral report (standard in Fast Track).
208
What happens if a party ignores an "Unless Order"?
Their case is automatically struck out without further court action.
209
Why does the court use Costs Budgeting in the Multi-Track?
To ensure costs are proportionate and to provide parties with certainty about their potential liability.
210
What is the first limb of the Denton Test?
Is the breach serious or significant?
211
Is "administrative error" a good reason for a breach?
No. Solicitor errors or being busy are generally not "good reasons."
212
When must an application for relief be made?
Promptly. Any delay in applying for relief makes the court less likely to grant it.
213
What is the ultimate goal of the Denton Test?
To ensure the case can be dealt with justly while still enforcing compliance with court rules. It works in three steps:
1) Identify the seriousness/significance of the breach
2) Consider why the breach occured
3) evaluate all circumstances of the case.
214
What is "Standard Disclosure"?
Disclosing documents that help or hinder either party's case (CPR 31.6). (sour milk)
215
Is an email to a witness privileged?
Only if it meets the Litigation Privilege test (created for the dominant purpose of ongoing/contemplated litigation).
216
What happens if you mention a privileged document in a Statement of Case?
You may be deemed to have waived privilege, meaning the other side can now inspect it.
217
Can "Without Prejudice" protect a threat?
No. WP only applies to genuine attempts to settle. It does not protect "unambiguous impropriety" (e.g., blackmail).
218
What is the "Disclosure Statement"?
A statement in Form N265 signed by the client, certifying they understand the duty to search and have carried it out.
219
Can a party see a "Without Prejudice" document during disclosure?
No. It is privileged from inspection because it is inadmissible as evidence of the merits.
220
Does privilege apply to a conversation with a friend about the case?
No. Only communications with legal professionals or third parties (under litigation privilege) are protected.
221
What is the "Public Interest Immunity" (PII)?
A rare right for the State to withhold documents if disclosure would damage the public interest (e.g., national security).
222
What happens if a party finds a new document after serving the List?
They have a continuing duty to disclose it by serving a supplemental list immediately.
223
What is "Evidence in Chief"?
The evidence a witness gives to support their own side's case (usually their written statement).
224
Can you use a witness statement at trial if the witness doesn't show up?
Only as Hearsay, and the court will give it significantly less weight.
225
What happens if a witness statement lacks a Statement of Truth?
The court may refuse to admit it as evidence.
226
Who does an expert owe their primary duty to?
The Court (CPR 35.3).
227
What is a "Questions to Experts" request?
A right for the opposing party to ask clarifying questions about an expert report within 28 days of service.
228
Is hearsay admissible in civil trials?
Yes, generally all relevant hearsay is admissible (Civil Evidence Act 1995).
229
Does a party need a formal "Hearsay Notice" if the witness is coming to trial?
No. Serving the witness statement is sufficient notice.
230
How long does a party have to challenge hearsay credibility?
14 days after service of the hearsay notice/witness statement.
231
What is "Multiple Hearsay"?
A statement that contains another statement (e.g., an email summarizing what someone else said). It is admissible but carries less weight.
232
Who does an expert owe their overriding duty to?
The Court. This duty overrides any obligation to the person who instructed or paid them (CPR 35.3).
233
What must an expert’s report contain at the end?
A Statement of Truth and a statement that they understand their duty to the court and have complied with it.
234
Can a solicitor "ghostwrite" or heavily edit an expert's report?
No. The report must be the independent product of the expert. Solicitors can only clarify the instructions or point out factual errors.
235
What happens if an expert changes their opinion?
They must communicate this to the parties and the court immediately.
236
Do you need permission to call an expert or put their report in evidence?
Yes. The court must give express permission, usually during the allocation/directions stage.
237
What is a "Single Joint Expert" (SJE)?
An expert instructed by both parties to prepare a single report. This is the default for the Fast Track and Intermediate Track.
238
Can you see the "Instructions" sent to the other side's expert?
The instructions are not privileged, but the court will not usually order them to be disclosed unless they are cross-examining the expert and the instructions appear incorrect.
239
What is the "Written Questions" rule (CPR 35.6)?
A party can put written questions to the other side's expert once, within 28 days of service of the report, for the purpose of clarification.
240
Do you need permission to call an expert or put their report in evidence?
Yes. The court must give express permission, usually during the allocation/directions stage.
241
Can you see the "Instructions" sent to the other side's expert?
The instructions are not privileged, but the court will not usually order them to be disclosed unless they are cross-examining the expert and the instructions appear incorrect.
242
What is the "Written Questions" rule (CPR 35.6)?
A party can put written questions to the other side's expert once, within 28 days of service of the report, for the purpose of clarification.
243
What happens if an expert fails to answer a "Written Question"?
The court may order that the party who instructed that expert cannot rely on their evidence and/or cannot recover the expert's fees.
244
What is an "Experts' Discussion"?
A meeting (often without lawyers) where experts from both sides discuss the case to identify points of agreement and points of disagreement.
245
What is a "Joint Statement"?
The document produced after an Experts' Discussion, listing what they agreed on and the reasons for any continued disagreement.
246
Are experts usually allowed to give oral evidence in the Fast Track?
Generally No. In the Fast Track, expert evidence is usually restricted to the written report only.
247
Can an expert be paid on a "No Win, No Fee" basis?
No. This would compromise their independence and duty to the court.
248
What happens if an expert’s report omits a Statement of Truth?
It will not be admissible in evidence unless the court gives special permission.
249
Are an expert’s initial instructions privileged?
No. While the court won't usually order disclosure of the instruction letter, they are not protected by privilege in the report.
250
Who pays the expert’s fees initially?
The party (or parties) instructing them. These can be recovered from the loser at the end of the trial as part of "Costs."
251
Who is responsible for the Trial Bundle?
The Claimant (unless the court orders otherwise).
252
When must a Witness Summons be served?
At least 7 days before the trial date.
253
What is "Conduct Money"?
Travel expenses and compensation for loss of time paid to a witness upon serving a summons.
254
What is "Evidence in Chief"?
A witness's own evidence, which in civil court is usually their written witness statement.
255
How long do you usually have to file an Appeal Notice?
21 days from the date of the decision being appealed (unless the judge sets a different limit).
256
When must a Pre-Trial Checklist (N170) be filed?
At least 8 weeks before the trial date.
257
What happens if a party fails to file the Pre-Trial Checklist?
The court will likely strike out the claim or defense unless a hearing is held immediately.
258
What is a "Skeleton Argument"?
A brief written document outlining the legal and factual points a party intends to make at trial.
259
Who is responsible for serving the Witness Summons?
The party who wants the witness to attend (usually served by the solicitor).
260
What is the "Trial Window"?
A period of time (e.g., "the week of Nov 10th") during which the trial is expected to start.
261
Who pays for the trial bundle?
The Claimant pays initially (as a "disbursement"), but can recover it from the loser if they win.
262
What happens if a party fails to attend the trial?
The judge may proceed in their absence or strike out the claim/defense (CPR 39.3).
263
Can you introduce new evidence at trial?
Only with the court's permission, which is rarely granted so late without a very good reason.
264
Where does an appeal from a District Judge go?
To a Circuit Judge in the County Court.
265
Is there an automatic right to appeal a civil judgment?
No. Permission (leave) is required for almost all appeals (CPR 52.3).
266
What are the two limbs of the 'Permission Test'?
1. The appeal has a real prospect of success; OR 2. There is some other compelling reason why the appeal should be heard.
267
What are the two grounds upon which an appeal can be allowed?
1. The decision of the lower court was wrong (error of law/fact/discretion); OR 2. The decision was unjust due to a serious procedural irregularity.
268
Is an appeal typically a 're-hearing' or a 'review'?
It is a review of the lower court's decision. The appeal court does not hear live witnesses again.
269
Can an appeal court overturn a judge's finding of fact?
Rarely. Only if the finding was 'plainly wrong' or unsupported by any evidence, as the trial judge saw the witnesses' demeanour first-hand.
270
Where does an appeal from a District Judge (County Court) go?
To a Circuit Judge in the County Court.
271
Where does an appeal from a Circuit Judge go?
To a High Court Judge.
272
Where does an appeal from a High Court Judge go?
To the Court of Appeal (Civil Division).
273
Where does an appeal from a Master (High Court) go?
To a High Court Judge.
274
What is a "Leapfrog" appeal?
A rare procedure where a case goes directly from the High Court to the Supreme Court, bypassing the Court of Appeal (usually for points of national importance).
275
What is the standard deadline to file an Appellant's Notice (N161)?
21 days from the date of the decision of the lower court.
276
Can the parties agree between themselves to extend the 21-day appeal deadline?
No. Extensions for filing an appeal notice can only be granted by the court.
277
What is a "Respondent's Notice" (N162)?
A notice filed by the winning party if they want to cross-appeal or argue the judge was right but for different legal reasons.
278
Does filing an appeal automatically stop the winner from enforcing the judgment?
No. There is no automatic "Stay of Execution." The appellant must specifically apply for a stay.
279
When should you first ask for permission to appeal?
To the lower court judge immediately after they deliver the judgment/order.
280
What is the test for a "Second Appeal" (an appeal from a decision which was itself an appeal)?
It must raise an important point of principle or practice OR there is some other compelling reason for the Court of Appeal to hear it.
281
Who can grant permission for a Second Appeal?
Only the Court of Appeal itself.
282
What does it mean if an appeal court "Remits" a case?
They send the case back to the lower court to be re-tried or re-heard (usually because of a procedural error).
283
Can an appeal court receive "New Evidence" not seen at trial?
Generally No, unless it could not have been obtained with reasonable diligence for use at trial and would likely have influenced the result.
284
What is the default basis for assessment?
The Standard Basis (reasonable and proportionate).
285
When must a Statement of Costs (N260) be served?
24 hours before an interim hearing.
286
What is the Jackson Uplift?
An additional 10% of damages awarded to a Claimant who beats their own Part 36 offer at trial.
287
Can a Solicitor be liable for costs?
Yes, via a Wasted Costs Order if they acted improperly, unreasonably, or negligently.
288
What does "Without Prejudice Save as to Costs" mean?
The judge cannot see the document until after the final judgment is given, specifically to decide costs.
289
Which basis is the "Default" in civil litigation?
The Standard Basis.
290
What is the main difference regarding proportionality?
Standard basis requires costs to be proportionate; Indemnity basis ignores proportionality.
291
In Standard Basis, who gets the benefit of the doubt?
The Paying Party (the person paying the bill).
292
When is a Claimant entitled to Indemnity Costs?
When they beat their own Part 36 offer at trial.
293
Does "Indemnity Basis" mean the winner gets 100% of their costs?
No. Costs must still be reasonably incurred and reasonable in amount, so the judge can still shave off unreasonable items.
294
What does QOCS stand for?
Qualified One-way Costs Shifting.
295
What types of claims does QOCS apply to?
Personal Injury claims (including clinical negligence).
296
Can a defendant enforce costs against a QOCS claimant who loses?
Only to the extent of any damages/interest/costs awarded to the claimant (unless an exception like dishonesty applies).
297
What is the "Fundamental Dishonesty" exception?
If a PI claim is found to be dishonest in a way that goes to the heart of the claim, the claimant loses all cost protection.
298
What must happen before a non-party can be ordered to pay costs?
They must be joined to the proceedings for the purpose of costs and given a hearing (CPR 46.2).
299
Can you get security for costs against a poor UK-resident individual?
No, not simply because they are poor. Poverty is only a "gate" for companies.
300
What is the consequence if a Claimant ignores a Security for Costs order?
The claim is stayed (paused) or struck out until the money is paid.
301
Is a "Strong Case" a defense against security for costs?
Yes. If the Claimant has a very high chance of winning, the court may refuse the order as it's unlikely they will ever have to pay D's costs.
302
Does the court secure 100% of the Defendant's estimated costs?
Usually no. The court typically grants a percentage (e.g., 60-70%) to reflect the fact that not all costs are guaranteed to be recovered.
303
Can a Claimant's "Delay" in suing be used against them?
No, but the Defendant's delay in applying for security can lead to the application being refused.
304
oes a Part 36 offer expire?
No. It stays open until it is expressly withdrawn in writing (CPR 36.9).
305
Can you withdraw a Part 36 offer during the Relevant Period?
Only with the court's permission (unless the other side agrees). After the 21 days, you can withdraw freely.
306
What happens if a Defendant accepts a Part 36 offer but doesn't pay?
The Claimant can enter judgment for the unpaid sum immediately (CPR 36.14).
307
Does Part 36 apply to the Small Claims Track?
No. Part 36 is specifically excluded from Small Claims (usually under £10,000).
308
What is the "Jackson Uplift" in Part 36?
The 10% bonus on damages awarded to a Claimant who beats their own offer.
309
What is the value limit for a Writ of Control?
Claims over £600 can be transferred to the High Court for a Writ; claims under £5,000 can stay in County Court (Warrant).
310
Can you get an Attachment of Earnings against a self-employed person?
No. There is no "employer" to make the deduction.
311
What is an Interim Third Party Debt Order?
A "freeze" put on a bank account to stop the debtor from withdrawing money before the final order is made.
312
How long is a judgment enforceable for?
6 years from the date it became enforceable. After 6 years, you need court permission to enforce.
313
What is the "Conduct Money" in an Order for Information?
A sum paid to the debtor to cover their travel expenses to the court hearing.
314
What is the first step in getting a Charging Order?
Apply for an Interim Charging Order (without notice).
315
Where must a Charging Order be registered for land?
At the Land Registry (to protect priority against other creditors).
316
Does a Charging Order force the sale of the house?
No. You must apply separately for an Order for Sale.
317
What happens if the property is owned in "Joint Names" but only one person owes the debt?
The charge only attaches to the debtor's beneficial interest (their "share" of the equity).
318
What is the threshold for an Order for Sale in consumer credit debts?
Usually, the debt must exceed £1,000 (under the Charging Orders Act).
319
A TPDO application made "With Notice" or "Without Notice"?
Without Notice (to prevent the debtor from emptying the account).
320
Can you seize money from a joint account for a sole debt?
No. The debt and the account ownership must match exactly.
321
What happens if the bank account is empty on the day the ITPDO is served?
The order fails. It does not "catch" money paid in the following day.
322
What is the "Third Party's" role after being served?
They must disclose to the court and the creditor how much money (if any) they hold for the debtor.
323
Does a TPDO work for self-employed people?
Yes, if you know who their clients are, you can intercept the fees owed to the debtor.
324
Can you get an AEO against a freelancer?
No. They are self-employed; there is no employer to receive the order.
325
What is the "Protected Earnings Rate"?
The minimum income a debtor must be left with for essentials; no debt deductions can be made if pay falls below this.
326
What happens if the debtor changes jobs?
The order lapses. The debtor is legally required to notify the court of their new employer's details.
327
Can a debtor be imprisoned for ignoring an AEO form?
Yes. Failure to return the N56 Statement of Means can lead to a 14-day "committal to prison" for contempt of court.
328
What is the minimum debt for an AEO?
The judgment debt must be at least £50.
329
Case management:
What form is used for completing a directions questionnaire, and what other documents should be disclosed when filed when a case has been allocated to the multi track?
Form N181 -
If the case has been allocated to the multi- track then these additional docs are required:
1) A case summary
2) A disclosure report (N263)
3) A costs budget and budget discussion report
330
Case Management :
Fast Track: What is the upper limit on case value?
Between £10,000 and £25,000.
Trials must last no longer than one day.
Evidence is sually restricted to one expert per party in any given field.
Costs: Subject to Fixed Recoverable Costs (FRC).
331
Is a CMC mandatory for Small Claims?
No. Small claims are managed via paper directions without a hearing.
332
When is a Costs Budget due?
21 days before the CMC (for claims >£50,000).
333
Can a judge "stay" (pause) a CMC?
Yes, often for 1 month to allow the parties to attempt mediation/settlement.
334
What is a "Directions Questionnaire"?
Form N181, used by parties to tell the court how they want the case managed.
335
What happens if you miss a CMC direction?
You must apply for "Relief from Sanctions" (the Denton test).
336
What major reforms introduced Precedent H?
The Jackson Reforms (April 2013).
337
What is the "Budget/No Budget" rule (CPR 3.14)?
If a party fails to file a budget, they are treated as having a budget limited to court fees only.
338
Which case softened the strictness of the Mitchell ruling?
Denton v TH White Ltd [2014].
339
What is the current value cap for mandatory budgeting?
£10 million (claims above this are exempt unless ordered).
340
Case Management:
Will a Statement of Case be struck out if one side fails to submit their court directions questionnaire?
If the claim is for money in the County Court then, yes. It will be automatically struck out in seven days. Not so, if the case is more complex and in a different court ( and not just for money).
341
Is a WP letter 'Relevant' for disclosure?
Yes, usually.
342
Do you have to list a WP letter on Form N265?
Yes, in Part 2 of the list.
343
Can the other side 'Inspect' (read) a WP letter?
No, it is privileged from inspection.
344
What is the purpose of WP privilege?
To encourage settlement by allowing 'open' negotiations.
SQE 1 FLK 1 & 2
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Decks in class (8)
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