Bar Training Course (BTC) 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 Training Course (BTC), not a summary of it.

1. 1

   The Civil Procedure Rules and Case Management

   5 topics

   • Overriding objective and the court's duty to manage cases
     • Dealing with cases justly and at proportionate cost
     • Active case management powers under CPR Part 1.4
     • Parties' duty to help the court further the overriding objective
   • Pre-action conduct and protocols
     • Practice Direction on Pre-Action Conduct and Protocols
     • Letters of claim and response
     • Sanctions for non-compliance
   • The track system and allocation
     • Small claims, fast, intermediate and multi-track
     • Directions questionnaires and allocation factors
   • Case management conferences and directions
   • Costs and case management orders (CCMC) and costs budgeting
2. 2

   Commencing and Responding to Proceedings

   5 topics

   • Issuing the claim form and Part 7 vs Part 8 procedure
   • Statements of case
     • Particulars of claim, defence, reply and counterclaim
     • Statements of truth and their consequences
   • Service of documents within and outside the jurisdiction
     • Methods of service and deemed service dates
     • Service out under CPR Part 6 and the jurisdictional gateways
   • Amendment of statements of case and adding parties
   • Default judgment and setting aside
3. 3

   Interim Applications and Remedies

   6 topics

   • Making and contesting interim applications
     • Application notices, evidence in support and service
     • Without notice applications and the duty of full and frank disclosure
   • Summary judgment under CPR Part 24
   • Strike out under CPR Part 3.4
   • Interim injunctions and the American Cyanamid principles
   • Freezing injunctions and search orders
   • Security for costs and interim payments
4. 4

   Disclosure, Evidence and Witnesses

   5 topics

   • Standard disclosure and the duty to search
     • Disclosure statements and continuing obligations
     • The Disclosure Pilot and Practice Direction 57AD
   • Privilege
     • Legal advice and litigation privilege
     • Without prejudice communications
   • Witness statements and the rules on trial witness evidence (PD 57AC)
   • Expert evidence and the single joint expert
   • Hearsay and the Civil Evidence Act 1995
5. 5

   Trial, Judgment, Costs and Appeals

   5 topics

   • Trial preparation and the trial bundle
   • Costs principles
     • Costs follow the event and the indemnity principle
     • Standard and indemnity basis assessment
     • Qualified one-way costs shifting (QOCS)
   • Part 36 offers and their costs consequences
   • Enforcement of money and non-money judgments
   • Appeals and permission requirements

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

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, as set out in CPR 1.1?

   To enable the court to deal with cases justly and at proportionate cost. This includes (so far as practicable): ensuring parties are on an equal footing; saving expense; dealing with cases proportionately (to value, importance, complexity, financial position); ensuring cases are dealt with expeditiously and fairly; allotting an appropriate share of the court's resources; and enforcing compliance with rules, practice directions and orders.

2. Under CPR Part 1, what duties does the overriding objective impose on (a) the court and (b) the parties?

   The court (CPR 1.4) must further the overriding objective by actively managing cases. The parties (CPR 1.3) are required to help the court further the overriding objective. Legal representatives also have a duty under CPR 1.3 to assist.

3. What is the purpose of pre-action conduct and protocols, and what is the general sanction for non-compliance?

   To encourage early exchange of information, enable parties to settle without proceedings, and support proportionate management. Non-compliance with the Practice Direction on Pre-Action Conduct or a relevant protocol can lead to sanctions on costs (e.g. costs orders, indemnity-basis costs, or interest adjustments) and may affect the court's case management directions, but it does not normally bar the claim.

4. Name the three case management tracks under CPR and the normal financial value bands for allocation.

   Small claims track: normally claims up to £10,000. Fast track: normally £10,000 to £25,000. Intermediate track: normally £25,000 to £100,000 (for less complex claims). Multi-track: normally claims exceeding £100,000 or those unsuitable for the lower tracks. (The intermediate track was introduced in October 2023 alongside fixed recoverable costs.)

5. What factors does the court consider when allocating a claim to a track under CPR 26?

   The financial value of the claim; the nature of the remedy sought; the likely complexity of facts, law or evidence; the number of parties; the value/nature of any counterclaim; the amount of oral evidence; the importance to non-parties; the views and circumstances of the parties; and the complexity of any directions needed. Value is the primary, but not sole, factor.

6. What is a Case Management Conference (CMC) and what is its purpose?

   A CMC is a hearing (often the first major multi-track hearing) at which the court reviews the steps the parties have taken, checks compliance with directions, and gives further directions to manage the case to trial. The court considers issues such as disclosure, witness and expert evidence, costs budgeting, and a realistic timetable, ensuring the case proceeds justly and at proportionate cost.

7. What is a Costs and Case Management Conference (CCMC), and what must parties do beforehand regarding costs budgeting?

   A CCMC combines case management with consideration of costs budgets. Parties must file and exchange costs budgets (Precedent H) and then file budget discussion reports (Precedent R) before the hearing. The court reviews the budgets and may make a costs management order recording the agreed or approved budgeted costs for each phase.

8. When must a costs budget (Precedent H) be filed, and what is the sanction for failing to file on time?

   In multi-track cases (subject to exceptions, e.g. claims of £50,000+ or as ordered) the budget must be filed and exchanged not later than 21 days before the first CMC. Under CPR 3.14, a party who fails to file a budget on time is treated as having filed a budget comprising only the applicable court fees, unless the court orders otherwise.

9. What is the effect of a costs management order under CPR 3.15 on the assessment of costs?

   On a standard-basis assessment, the court will not depart from the receiving party's last approved or agreed budgeted costs for a phase unless there is good reason to do so (CPR 3.18). The budget thus effectively caps recoverable costs phase-by-phase, promoting predictability and proportionality.

10. Compare CPR Part 7 and Part 8 claims: when is each procedure used?

    Part 7 is the standard procedure for claims where there is (or is likely to be) a substantial dispute of fact. Part 8 is used where the claimant seeks the court's decision on a question unlikely to involve a substantial dispute of fact, or where a rule/PD requires or permits it (e.g. certain declarations, approvals). Part 8 relies on written evidence rather than statements of case and has no default judgment procedure.

11. When are proceedings "brought" / "issued" for limitation purposes, and why does this matter?

    Proceedings are "brought" when the claim form is received by the court (date of receipt), even though it is formally "issued" when sealed. This matters because limitation periods (e.g. 6 years in contract, 3 years for personal injury) stop running on the date the court receives the claim form, so delivering before the deadline preserves the claim even if sealing happens later.

12. What is the standard period of validity of a claim form for service within the jurisdiction, and how is it extended?

    A claim form is valid for service for 4 months from the date of issue (6 months if served out of the jurisdiction). Under CPR 7.6, an extension must be applied for before expiry; if applied for after expiry, the court may only grant it in limited circumstances (court failed to serve, or claimant took all reasonable steps but was unable to serve, and acted promptly).

13. What are the principal "statements of case" in a Part 7 claim?

    The claim form and particulars of claim; the defence; any Part 20 counterclaim; the reply (if any); any additional claim against a third party; and any further information given under CPR 18. Each must be verified by a statement of truth.

14. What must particulars of claim contain under CPR 16.4?

    A concise statement of the facts relied on; if interest is claimed, a statement to that effect and the basis; if aggravated/exemplary or provisional damages are sought, a statement to that effect and grounds; and any other required matters. It must be verified by a statement of truth.

15. What is the consequence of signing a statement of truth without an honest belief in the truth of its contents?

    Proceedings for contempt of court may be brought against a person 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 (CPR 32.14). Proceedings for contempt may only be brought by the Attorney General or with the court's permission.

16. List the principal methods of service of documents within the jurisdiction under CPR 6.

    Personal service; first-class post (or DX/other next-business-day delivery) to a permitted address; leaving the document at a permitted address; fax or other electronic means (only where the party/solicitor has indicated willingness to accept service that way); and any method authorised by the court under CPR 6.15 (alternative/deemed service).

17. State the "deemed service" rule for a claim form served by first-class post within the jurisdiction.

    Under CPR 6.14, a claim form served within the UK is deemed served on the second business day after completion of the relevant step (e.g. posting), irrespective of when it actually arrives. (For other documents under CPR 6.26 the deemed dates vary by method.)

18. When is the court's permission required to serve a claim form out of the jurisdiction, and what must the claimant show?

    Permission is generally required unless service is permitted without permission (e.g. under certain contractual jurisdiction clauses or other gateways). To obtain permission under CPR 6.36/6.37 and PD 6B, the claimant must show: a good arguable case that the claim falls within a jurisdictional "gateway"; that there is a serious issue to be tried on the merits; and that England and Wales is the proper place (forum conveniens) to bring the claim.

19. Under CPR 17, when may a party amend a statement of case, and what governs amendment after the limitation period has expired?

    Before service, a party may amend at any time. After service, amendment requires the written consent of all other parties or the court's permission. After limitation has expired, amendments are restricted (CPR 17.4): the court may allow a new claim only if it arises out of the same or substantially the same facts as the existing claim, or to correct a mistake in a party's name, or to alter the capacity in which a party claims.

20. Under CPR 19, what are the tests for adding, substituting or removing a party, including after limitation has expired?

    The court may add/substitute a party if it is desirable so that the court can resolve all matters in dispute, or there is an issue involving the new party connected to the existing matters. After limitation has expired (CPR 19.6), a party may be added/substituted only if the relevant limitation period was current when proceedings started and the addition/substitution is necessary (e.g. to substitute for a party named by mistake, or because the claim cannot properly be carried on without the new party).

21. In what circumstances may a claimant obtain default judgment under CPR 12?

    Where the defendant has failed to file an acknowledgment of service or a defence within the relevant time, and the time for doing so has expired. Default judgment is not available for Part 8 claims, certain specified claims (e.g. against children/protected parties without permission, certain consumer credit and other excepted claims). It may be obtained by request (for money/goods claims) or by application.

22. Distinguish mandatory and discretionary grounds for setting aside a default judgment under CPR 13.

    Mandatory (CPR 13.2): the court MUST set aside if judgment was wrongly entered (e.g. time had not in fact expired, or the claim was satisfied). Discretionary (CPR 13.3): the court MAY set aside if the defendant has a real prospect of successfully defending the claim, or there is some other good reason; the court also considers whether the application was made promptly.

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