Pupillage (Bar Vocational Stage) 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 Pupillage (Bar Vocational Stage), not a summary of it.

1. 1

   The Civil Procedure Rules and Case Management

   3 topics

   • The overriding objective and the CPR framework
     • Dealing with cases justly and at proportionate cost
     • Court's case management powers
   • Pre-action conduct and protocols
     • Pre-action protocols and letters of claim
     • Sanctions for non-compliance
   • Tracks and allocation
     • Small claims, fast, intermediate and multi-track
     • Directions questionnaires and costs budgeting
2. 2

   Commencing and Progressing Proceedings

   4 topics

   • Issue and service of proceedings
     • Claim forms and service rules
     • Limitation periods
   • Interim applications and remedies
     • Summary judgment and strike out
     • Interim injunctions and freezing orders
     • Security for costs
   • Disclosure and inspection
     • Standard and extended disclosure (Disclosure Pilot legacy / PD 57AD)
     • Privilege claims in disclosure
   • Trial, judgment and appeals
3. 3

   The Law of Evidence in Civil Proceedings

   3 topics

   • Relevance, admissibility and burden of proof
     • Standard of proof on the balance of probabilities
   • Witness and documentary evidence
     • Hearsay in civil cases
     • Expert evidence under CPR Part 35
   • Privilege and without prejudice communications
4. 4

   Costs and Funding

   3 topics

   • Costs orders and the general rule
     • Costs follow the event
     • Indemnity vs standard basis
   • Part 36 offers and their consequences
   • Funding arrangements
     • Conditional fee and damages-based agreements
     • Qualified one-way costs shifting

Civil Litigation, Evidence and Remedies flashcards for Pupillage (Bar Vocational Stage)

22 of 50 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 stated?

   Stated in CPR 1.1: 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 the parties' financial positions), ensuring expedition and fairness, allotting an appropriate share of court resources, and enforcing compliance with rules, practice directions and orders.

2. Under CPR 1.3, what duty do the parties owe in relation to the overriding objective?

   The parties are required to help the court to further the overriding objective. The court must seek to give effect to it when exercising any power under the rules or interpreting any rule (CPR 1.2).

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

   To encourage early exchange of information, enable parties to understand each other's position, help them settle without litigation (e.g. via ADR), support proportionate conduct, and reduce costs. Litigation should be a last resort. Non-compliance can be penalised in costs and interest.

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

   The court may stay proceedings until steps are taken; order the party at fault to pay costs (sometimes on the indemnity basis); deprive a claimant of interest or award a lower rate; or order a defendant to pay interest at a higher rate (up to 10% above base rate).

5. What are the three case management tracks under the CPR, and what are their normal financial scope limits?

   Small claims track: claims with a value not exceeding £10,000 (£1,000 for personal injury pain/suffering and housing disrepair). Fast track: £10,000 to £25,000. Intermediate track: £25,000 to £100,000 (for less complex claims). Multi-track: claims exceeding £100,000 or otherwise unsuitable for the other tracks.

6. What factors does the court consider when allocating a claim to a track (CPR 26.13)?

   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/complexity of any counterclaim; the amount of oral evidence; the importance to non-parties; the views and circumstances of the parties; and the trial's likely length.

7. What is the standard trial-length expectation that distinguishes the fast track from the multi-track?

   The fast track is for cases the court considers can be disposed of in a trial lasting no longer than one day (with limited expert evidence — normally one expert per party in no more than two fields). Longer or more complex trials go to the intermediate or multi-track.

8. What is the difference between issue and service of a claim form, and when is a claim "brought" for limitation purposes?

   Issue is when the court seals and dates the claim form, formally starting proceedings. Service is delivery of the claim form to the defendant. For limitation, a claim is "brought" when the claim form is received in the court office for issuing (delivered to the court), not when sealed.

9. What is the general period of validity of a claim form for service within the jurisdiction, and the deadline for service?

   A claim form is valid for service for 4 months from the date of issue (6 months if served out of the jurisdiction). It must be served within that period; extensions under CPR 7.6 are restricted, especially once the period has expired.

10. List the permitted methods of service of a claim form within the jurisdiction under CPR 6.3.

    Personal service; first-class post / DX (next-day delivery); leaving the document at a permitted address; fax or other electronic means (where the recipient has indicated willingness to accept); and any method authorised by the court.

11. Under the CPR "deemed service" rules, when is a claim form served by first-class post deemed served?

    A claim form sent by first-class post (or another next-working-day delivery method) is deemed served on the second business day after it was posted, left with, delivered to or collected by the relevant service provider (CPR 6.14).

12. What is the deadline for a defendant to file an acknowledgment of service or defence after service of particulars of claim?

    The defendant must respond within 14 days of service of the particulars of claim: by filing a defence, or by filing an acknowledgment of service (which extends the time for the defence to 28 days from service of the particulars). Failure can lead to default judgment.

13. What is an interim injunction, and what test governs whether one should be granted?

    An interim injunction is a temporary court order requiring a party to do or refrain from doing something pending trial. The test from American Cyanamid v Ethicon [1975] asks: (1) is there a serious question to be tried? (2) would damages be an adequate remedy for either side? (3) where does the balance of convenience lie? (4) any special factors / preserving the status quo.

14. What is a freezing injunction (Mareva injunction) and what must an applicant generally show?

    A freezing injunction restrains a respondent from dissipating or removing assets from the jurisdiction so as to frustrate enforcement of a judgment. The applicant must show: a good arguable case on the substantive claim, the existence of assets, and a real risk of dissipation. Full and frank disclosure is required (often made without notice).

15. What is a search order (Anton Piller order) and what conditions must be met?

    A search order permits the applicant to enter the respondent's premises to search for, inspect and preserve evidence or property. Conditions (Anton Piller KG v Manufacturing Processes [1976]): an extremely strong prima facie case; serious actual or potential damage; clear evidence the respondent possesses incriminating items and a real possibility they will destroy them before an inter partes application.

16. What undertaking must an applicant for an interim injunction normally give to the court?

    A cross-undertaking in damages: an undertaking to compensate the respondent (and sometimes third parties) for any loss caused by the injunction if it later turns out the injunction should not have been granted. The court may require evidence of ability to satisfy it (fortification).

17. What is standard disclosure under the CPR, and what categories of documents does it require?

    Standard disclosure (CPR 31.6) requires a party to disclose: (a) documents on which it relies; (b) documents which adversely affect its own case; (c) documents which adversely affect another party's case; and (d) documents which support another party's case — plus documents required by a relevant practice direction.

18. What is the meaning of "disclosure" as distinct from "inspection" under CPR Part 31?

    Disclosure (CPR 31.2) means stating that a document exists or has existed (typically via a disclosure list with a disclosure statement). Inspection (CPR 31.3) is the right of the other party to actually look at and copy a disclosed document, unless it is no longer in the disclosing party's control, is privileged, or inspection would be disproportionate.

19. Define a "document" for the purposes of disclosure under CPR 31.4.

    A document is anything in which information of any description is recorded. This is broad — it includes paper, emails, text messages, databases, audio/video recordings, metadata and other electronic data, not just conventional paper records.

20. What is the standard of a reasonable search for documents, and what factors affect it (CPR 31.7)?

    A party must make a reasonable and proportionate search for disclosable documents. Relevant factors: the number of documents involved; the nature and complexity of the proceedings; the ease and expense of retrieval of any particular document; and the significance of any document likely to be located during the search.

21. What is the continuing duty of disclosure?

    The duty of disclosure continues until the proceedings are concluded (CPR 31.11). If documents to which the duty extends come to a party's notice at any time during the proceedings, they must immediately notify every other party.

22. What is the general rule on the burden and standard of proof in civil proceedings?

    Burden: "he who asserts must prove" — the party alleging a fact in issue generally bears the legal (persuasive) burden of proving it. Standard: the balance of probabilities, i.e. the fact is more likely than not to be true (more than 50%).

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