Bar Professional Training Course (BPTC) Civil Litigation, Evidence and Remedies Syllabus

Civil Litigation, Evidence and Remedies syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Civil Litigation, Evidence and Remedies in Bar Professional Training Course (BPTC), not a summary of it.

1. 1

   Overview of the Civil Justice System and the CPR

   3 topics

   • Structure and objectives of the Civil Procedure Rules
     • The overriding objective and proportionality (CPR Part 1)
     • The court's general case management powers (CPR Part 3)
     • Practice Directions, Pre-Action Protocols and court guides
   • Allocation and the track system
     • Small claims, fast track, intermediate track and multi-track
     • Directions questionnaires and allocation decisions
   • Funding, costs management and Part 36 strategy
     • Costs budgeting and cost management orders
     • Conditional and damages-based agreements; QOCS
2. 2

   Commencing and Progressing a Claim

   4 topics

   • Pre-action conduct and limitation periods
     • Limitation Act 1980 time limits and extensions
     • Pre-action protocol compliance and sanctions
   • Issue and service of proceedings
     • Claim forms, jurisdiction and service within and out of jurisdiction
     • Deemed service and alternative service applications
   • Statements of case
     • Particulars of claim, defence and reply
     • Statements of truth and amendment of statements of case
   • Default, summary and strike-out
     • Default judgment and setting aside (CPR Part 13)
     • Summary judgment (CPR Part 24) and strike out (CPR 3.4)
3. 3

   Interim Applications and Case Management

   3 topics

   • Making interim applications
     • Application notices, evidence in support and service
     • Without notice applications and full and frank disclosure
   • Interim remedies
     • Interim injunctions and the American Cyanamid test
     • Freezing injunctions and search orders
     • Interim payments and security for costs
   • Sanctions and relief from sanctions
     • The Denton three-stage test
     • Unless orders and consequences of non-compliance
4. 4

   Disclosure, Evidence and Witnesses

   4 topics

   • Disclosure and inspection
     • Standard disclosure and the duty to search
     • Privilege: legal advice, litigation and without prejudice
     • Specific disclosure and electronic disclosure
   • Witness evidence
     • Witness statements and their use at trial
     • Hearsay in civil proceedings and the Civil Evidence Act 1995
   • Expert evidence
     • The expert's overriding duty to the court (CPR Part 35)
     • Single joint experts and questions to experts
   • Burden and standard of proof in civil cases
5. 5

   Trial, Judgment, Costs and Appeals

   4 topics

   • Trial preparation and conduct
     • Trial bundles, skeleton arguments and reading lists
     • Order of proceedings and examination of witnesses
   • Judgments and orders
     • Drawing up and entering judgment
     • Interest on judgments and debts
   • The law of costs
     • General rule on costs and the discretion of the court
     • Standard and indemnity bases; summary and detailed assessment
   • Appeals and enforcement of judgments
     • Permission to appeal and appellate routes
     • Methods of enforcement: writs, charging orders, third party debt orders

Civil Litigation, Evidence and Remedies flashcards for Bar Professional Training Course (BPTC)

22 of 53 cards from the Civil Litigation, Evidence and Remedies deck — real questions with worked answers.

1. What is the 'overriding objective' of the Civil Procedure Rules, and where is it found?

   Found in CPR r.1.1, the overriding objective is to enable the court to deal with cases justly and at proportionate cost. This includes ensuring parties are on an equal footing, saving expense, dealing with cases proportionately (to value, importance, complexity and financial position), ensuring expedition and fairness, allotting an appropriate share of court resources, and enforcing compliance with rules, practice directions and orders.

2. What duties does CPR r.1.3 and r.1.4 impose regarding the overriding objective?

   CPR r.1.3 places a duty on the parties to help the court further the overriding objective. CPR r.1.4 places a duty on the court to actively manage cases, which includes encouraging cooperation, identifying issues early, encouraging ADR, fixing timetables and controlling case progress.

3. Name the three (now effectively four) allocation tracks under the CPR and their normal financial scope.

   Small claims track: normally claims up to $\pounds 10{,}000$ (personal injury up to $\pounds 1{,}500$ for PSLA). Fast track: $\pounds 10{,}000$ to $\pounds 25{,}000$. Intermediate track: $\pounds 25{,}000$ to $\pounds 100{,}000$ (for less complex claims). Multi-track: claims over $\pounds 100{,}000$ or otherwise complex claims.

4. What is the key feature distinguishing the fast track trial from the multi-track in terms of length and expert evidence?

   Fast track trials are normally limited to one day (no more than 5 hours) and expert evidence is usually limited to written reports from one expert per party in no more than two fields, with oral expert evidence the exception. Multi-track has no fixed trial length and allows greater scope for oral expert evidence and case-specific directions.

5. What document governs allocation and what is its statutory deadline relevance?

   Allocation is informed by the Directions Questionnaire (form N180 for small claims, N181 otherwise), which parties must file by the date specified in the notice of proposed allocation. It gives the court information on track, disclosure, experts, witnesses, estimated trial length and costs budgeting.

6. What is a costs budget (Precedent H) and which cases require costs management?

   A costs budget on Precedent H sets out a party's estimated incurred and budgeted future costs phase-by-phase. Costs management applies to most Part 7 multi-track claims where the claim value is less than $\pounds 10$ million (CPR r.3.12). Budgets exceeding $\pounds 25{,}000$ or claims over $\pounds 50{,}000$ require the full Precedent H; smaller cases use the first page only.

7. What is the effect of a Costs Management Order on recoverable costs at assessment?

   Under CPR r.3.18, on a standard basis assessment the court will not depart from the last approved or agreed budgeted costs unless there is good reason to do so. The budget effectively caps recoverable future (budgeted) costs phase-by-phase absent good reason.

8. What is a Part 36 offer and what makes it a special self-contained costs regime?

   A Part 36 offer is a formal offer to settle made under CPR Part 36. It must comply with the formal requirements of r.36.5 (in writing, state it is made under Part 36, specify a 'relevant period' of not less than 21 days, state whether it relates to the whole or part of the claim and whether it takes counterclaims into account). It carries automatic, prescribed costs consequences if not accepted and not beaten at trial.

9. State the costs consequences where a CLAIMANT fails to beat a DEFENDANT's Part 36 offer at trial (r.36.17(3)).

   Where the claimant fails to obtain a judgment more advantageous than the defendant's Part 36 offer, the court will (unless unjust) order the claimant to pay the defendant's costs from the end of the relevant period, plus interest on those costs. The claimant still recovers their own costs up to expiry of the relevant period.

10. State the enhanced consequences where a DEFENDANT fails to beat a CLAIMANT's Part 36 offer at trial (r.36.17(4)).

    Unless unjust, the court orders: (a) interest on the sum awarded at up to 10% above base rate from expiry of the relevant period; (b) costs on the indemnity basis from that date; (c) interest on those costs at up to 10% above base rate; and (d) an additional amount of 10% of the first $\pounds 500{,}000$ awarded plus 5% of any amount above that, up to a maximum additional amount of $\pounds 75{,}000$.

11. Calculate the maximum additional amount payable under CPR r.36.17(4)(d) and the formula.

    The additional amount is $10\%$ of the first $\pounds 500{,}000$ and $5\%$ of the next $\pounds 500{,}000$: $$0.10 \times \pounds 500{,}000 + 0.05 \times \pounds 500{,}000 = \pounds 50{,}000 + \pounds 25{,}000 = \pounds 75{,}000.$$ The cap is therefore $\pounds 75{,}000$.

12. What is the general purpose of the Practice Direction on Pre-Action Conduct and Protocols?

    It aims to encourage early exchange of information so parties understand each other's positions, to enable settlement without proceedings, to support proportionate management, and to enable proceedings to be conducted efficiently if litigation cannot be avoided. Non-compliance can lead to costs sanctions or a stay of proceedings.

13. State the standard limitation periods for (a) contract, (b) tort (general), and (c) personal injury claims.

    Under the Limitation Act 1980: (a) simple contract — 6 years from breach (s.5); (b) tort generally — 6 years from when the cause of action accrues / damage occurs (s.2); (c) personal injury — 3 years from the date of accrual or the claimant's date of knowledge (s.11), subject to the s.33 discretion to disapply.

14. State the limitation periods for (a) latent damage (negligence not involving PI), (b) defamation, and (c) claims for a contribution.

    (a) Latent damage in negligence: 6 years from accrual OR 3 years from date of knowledge, subject to a 15-year long-stop (Latent Damage Act 1986, ss.14A/14B). (b) Defamation: 1 year (s.4A). (c) Contribution under the Civil Liability (Contribution) Act 1978: 2 years from the date the right to contribution accrued (s.10).

15. What is the 'date of knowledge' for personal injury limitation under s.14 Limitation Act 1980?

    Knowledge of: (a) that the injury was significant; (b) that it was attributable in whole or part to the act/omission alleged to constitute negligence/nuisance/breach of duty; (c) the identity of the defendant; and (d) (if relevant) the identity of someone other than the defendant and additional facts supporting an action against the defendant. Knowledge of fault as a matter of law is not required.

16. When is a claim 'brought' for limitation purposes, and why does it matter?

    A claim is brought when the claim form is received by the court for issuing (delivered with the fee), not when it is later sealed/issued. This matters because it can stop the limitation clock on the date of delivery even if issue is delayed by court processing (Barnes v St Helens MBC).

17. What are the time limits for serving a claim form within and outside the jurisdiction?

    Within the jurisdiction: the claim form must be served within 4 months after the date of issue (CPR r.7.5(1)). Out of the jurisdiction: within 6 months of issue (r.7.5(2)). The relevant step to serve must be completed within that period.

18. List the permitted methods of service of a claim form under CPR r.6.3.

    Personal service; first-class post / DX / other next-business-day delivery service; leaving the document at a specified place; fax or other electronic means (where the recipient has indicated willingness to accept it); or any method authorised by the court under r.6.15 (service by alternative means).

19. State the 'deemed service' date for a claim form served by first-class post under CPR r.6.14.

    A claim form is deemed served on the second business day after completion of the relevant step (e.g. posting) under r.6.14, regardless of when it actually arrives. (Note: the deemed-service rules for other documents under r.6.26 differ by method.)

20. What must a Particulars of Claim contain under CPR r.16.4?

    A concise statement of the facts relied on; if interest is claimed, a statement to that effect and the basis (contractual, statutory under s.69 County Courts Act 1984 / s.35A Senior Courts Act 1981, or other); particulars of any aggravated/exemplary damages or provisional damages claimed; and any other matters required by a relevant practice direction. It must be verified by a statement of truth.

21. What is the wording and consequence of a statement of truth under CPR Part 22?

    The statement of truth confirms that the party believes the facts stated in the document are true (current wording: 'I believe that the facts stated in this [document] are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.'). A false statement made without honest belief may be proceedings for contempt of court.

22. What are the time limits for filing an acknowledgment of service and a defence?

    Acknowledgment of service: within 14 days of service of the particulars of claim (CPR r.10.3). Defence: within 14 days of service of particulars, OR within 28 days if an acknowledgment of service has been filed (r.15.4). Parties may agree an extension of up to 28 further days (so up to 56 days total) which must be notified to the court (r.15.5).

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