CILEX Professional Qualification (CPQ) Advanced Stage: Civil and Criminal Litigation Syllabus

Advanced Stage: Civil and Criminal Litigation syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Advanced Stage: Civil and Criminal Litigation in CILEX Professional Qualification (CPQ), not a summary of it.

1. 1

   Civil Procedure and the Pre-Action Stage

   3 topics

   • The Civil Procedure Rules and the overriding objective
   • Pre-action protocols and conduct
   • Funding, costs and limitation
     • Costs budgeting and the indemnity principle
     • Limitation periods and exceptions
2. 2

   Commencing and Managing Civil Claims

   4 topics

   • Issuing proceedings and statements of case
     • Claim form, particulars of claim and defence
   • Case management and the three tracks
     • Small claims, fast and multi-track allocation
   • Interim applications and default judgment
   • Disclosure and inspection of documents
3. 3

   Trial, Evidence and Enforcement

   3 topics

   • Preparing for and conducting the civil trial
   • Witness evidence and expert evidence
   • Judgments, appeals and enforcement of judgments
     • Methods of enforcement against goods and money
4. 4

   Criminal Litigation Process

   4 topics

   • Police powers and pre-charge procedure
     • Arrest, detention and interview under PACE 1984
   • Classification of offences and mode of trial
     • Summary, either-way and indictable offences
   • Bail and remand
   • Magistrates' and Crown Court procedure
5. 5

   Sentencing and Criminal Appeals

   3 topics

   • Sentencing principles and powers
     • Aggravating and mitigating factors
     • Custodial, community and financial penalties
   • Appeals from the magistrates' and Crown Courts
   • Criminal evidence fundamentals
     • Burden and standard of proof
     • Hearsay, confessions and bad character

Advanced Stage: Civil and Criminal Litigation flashcards for CILEX Professional Qualification (CPQ)

19 of 52 cards from the Advanced Stage: Civil and Criminal Litigation deck — real questions with worked answers.

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

   Set out in CPR 1.1, it requires 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 amount, 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. Under the CPR, what duties do the parties and the court have in relation to the overriding objective?

   The parties are required to help the court further the overriding objective (CPR 1.3), and the court must seek to give effect to it when exercising any power or interpreting any rule (CPR 1.2). The court must also actively manage cases (CPR 1.4).

3. What is the purpose of a pre-action protocol in civil litigation?

   Pre-action protocols set out the conduct the court expects of parties before proceedings are issued. They aim to encourage early exchange of information, enable parties to settle without litigation, support the proportionate management of issues, and avoid unnecessary proceedings. Non-compliance can be penalised in costs.

4. What sanctions can a court impose for unreasonable failure to comply with a pre-action protocol?

   The court may order the non-compliant party to pay some or all of the other side's costs (sometimes on the indemnity basis), deprive a successful party of interest or award interest at a higher rate, or stay proceedings until steps that should have been taken are completed.

5. State the general limitation periods for (a) tort (other than personal injury), (b) contract, and (c) personal injury claims under the Limitation Act 1980.

   (a) Tort: 6 years from the date the cause of action accrued. (b) Contract: 6 years from the date of breach. (c) Personal injury: 3 years from the date of injury or the claimant's date of knowledge, whichever is later (with a discretion to disapply under s.33).

6. What is a Conditional Fee Agreement (CFA) and how does the success fee operate?

   A CFA ('no win, no fee') means the solicitor's fees are payable only if the case succeeds. On success the lawyer may charge a success fee, capped at a maximum uplift of $100\%$ of base costs (and lower for personal injury). Since LASPO 2012, the success fee is generally not recoverable from the losing party and is paid by the client.

7. Distinguish costs assessed on the 'standard basis' from the 'indemnity basis'.

   On the standard basis the court allows costs that are proportionate to the matters in issue and resolves any doubt about reasonableness or proportionality in favour of the paying party. On the indemnity basis proportionality does not apply and any doubt is resolved in favour of the receiving party, so more costs are usually recovered.

8. What is the general rule on costs following a civil trial, and what is the relevant CPR provision?

   Under CPR 44.2 the general rule is that the unsuccessful party is ordered to pay the costs of the successful party ('costs follow the event'), but the court has a discretion to make a different order having regard to conduct and other circumstances.

9. How are most civil proceedings commenced, and what document starts the claim?

   Proceedings are commenced by issuing a claim form (Form N1) under CPR Part 7. The claim is 'brought' when the court issues the claim form at the claimant's request; this is the date that stops the limitation clock.

10. What are the four core statements of case in a civil claim?

    (1) The claim form and particulars of claim; (2) the defence; (3) any Part 20 (counterclaim/additional) claim; and (4) any reply to the defence. A request for further information may supplement them.

11. Within what period must a defendant respond after being served with particulars of claim, and what are the options?

    The defendant must respond within 14 days of service of the particulars of claim. The options are: file or serve an admission, file a defence, or file an acknowledgment of service (which extends the time for filing a defence to 28 days from service of the particulars).

12. What is the function of the directions questionnaire in case management?

    After a defence is filed the court provisionally allocates the claim to a track and sends the parties a directions questionnaire (Form N180 small claims / N181 fast and multi-track). The completed questionnaire gives the court the information needed to allocate the case and give case management directions.

13. Name the three (now four) case-management tracks and the normal financial value boundaries.

    Small claims track: generally up to £10,000 (PI/housing disrepair up to £1,000). Fast track: £10,000 to £25,000. Intermediate track: £25,000 to £100,000 (introduced 2023). Multi-track: claims over £100,000 or otherwise complex.

14. What is the standard trial length and disclosure feature distinguishing the fast track from the multi-track?

    The fast track is for claims expected to be tried within one day (max), with limited and proportionate procedures and usually standard disclosure plus a single joint or limited expert. The multi-track has no fixed trial limit and uses tailored case management, often with a costs and case management conference (CCMC) and costs budgeting.

15. What is an interim application and how is it typically made?

    An interim application is an application for a court order made before trial (CPR Part 23), for example for an injunction, summary judgment, or strike out. It is normally made on an application notice (Form N244) supported by evidence (usually a witness statement), served on the other party at least 3 clear days before the hearing.

16. When can a claimant obtain default judgment, and what are the two main routes?

    Under CPR Part 12, default judgment may be obtained where the defendant has failed to file an acknowledgment of service or a defence within the relevant time limit. It is obtained by 'request' (Form N225/N227) for claims for a specified or unspecified sum, or by 'application' in certain cases (e.g. against children, protected parties, or certain claim types).

17. On what grounds may a defendant apply to set aside a default judgment?

    Under CPR 13.2 the court must set aside if judgment was wrongly entered (mandatory). Under CPR 13.3 it may set aside (discretionary) if the defendant has a real prospect of successfully defending the claim, or there is some other good reason; the application must be made promptly.

18. What is the test for summary judgment under CPR Part 24?

    The court may give summary judgment against a claimant or defendant where that party has no real prospect of succeeding on or successfully defending the claim or issue, AND there is no other compelling reason why the case should be disposed of at trial.

19. What does 'standard disclosure' require a party to disclose under CPR 31.6?

    Standard disclosure requires a party to disclose: (a) the documents on which it relies; (b) documents which adversely affect its own case, adversely affect another party's case, or support another party's case; and (c) documents it is required to disclose by a relevant practice direction.

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