Qualified Lawyers Transfer Scheme (QLTS) Civil and Criminal Litigation Syllabus

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 Civil and Criminal Litigation in Qualified Lawyers Transfer Scheme (QLTS), not a summary of it.

1. 1

   Civil Procedure Foundations

   4 topics

   • Overriding objective and case management
     • Tracks allocation
     • Sanctions and relief
   • Pre-action conduct and protocols
   • Starting proceedings and statements of case
     • Claim form and particulars
     • Defence and counterclaim
   • Limitation periods
2. 2

   Interim Matters and Disclosure

   4 topics

   • Interim applications and injunctions
   • Disclosure and inspection
     • Standard disclosure
     • Privilege
   • Evidence and witness statements
   • Expert evidence in civil claims
3. 3

   Trial, Costs and Enforcement

   4 topics

   • Trial procedure and judgment
   • Costs
     • Costs orders and budgeting
     • Part 36 offers
   • Appeals
   • Enforcement of judgments and ADR
4. 4

   Criminal Procedure

   4 topics

   • Police powers and detention
     • Stop, search and arrest
     • Detention and questioning under PACE
   • Bail and remand
   • Allocation and sending for trial
     • Summary, either-way and indictable offences
   • Sentencing principles and procedure

Civil and Criminal Litigation flashcards for Qualified Lawyers Transfer Scheme (QLTS)

21 of 59 cards from the Civil and Criminal Litigation deck — real questions with worked answers.

1. What is the 'overriding objective' of the Civil Procedure Rules (CPR), as set out 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, expeditiously and fairly, allotting an appropriate share of court resources, and enforcing compliance with rules and orders.

2. Under CPR 1.1(2)(c), what five factors define dealing with a case in a way 'proportionate' to it?

   Proportionate to: (i) the amount of money involved; (ii) the importance of the case; (iii) the complexity of the issues; (iv) the financial position of each party; and the need to ensure compliance is also weighed in case management.

3. What duty do parties owe under CPR 1.3 in relation to the overriding objective?

   The parties are required to help the court to further the overriding objective. The court must also further it by actively managing cases (CPR 1.4).

4. List four examples of 'active case management' the court must undertake under CPR 1.4.

   Examples include: encouraging cooperation between parties; identifying the issues at an early stage; deciding promptly which issues need full investigation; encouraging ADR; fixing timetables; and giving directions to ensure the trial proceeds quickly and efficiently.

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

   To encourage early exchange of information, enable parties to understand each other's positions, help them settle without proceedings, support proportionate management of litigation, and reduce costs. Litigation should be a last resort.

6. What sanctions can a court impose for non-compliance 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).

7. What are the three tracks to which civil claims may be allocated, and their normal value thresholds?

   Small claims track (generally up to £10,000); fast track (£10,000 to £25,000); intermediate track (£25,000 to £100,000, less complex); and multi-track (over £100,000 or otherwise complex).

8. How are civil proceedings formally started under CPR 7.2?

   Proceedings are started when the court issues a claim form at the claimant's request. The claim form is issued on the date entered on it by the court.

9. What is a 'statement of case' and what documents does it include?

   A statement of case is a formal court document setting out a party's case. It includes the claim form, particulars of claim, defence, any counterclaim (Part 20 claim), reply to defence, and any further information given under Part 18.

10. What must every statement of case be verified by, and what is the consequence of a false statement?

    It must be verified by a statement of truth. 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 may be liable for contempt of court.

11. What is the standard limitation period for a contract claim and for a tort claim (other than personal injury) under the Limitation Act 1980?

    Six years from the date the cause of action accrued for both simple contract claims (s5) and tort claims generally (s2). For contracts under seal/deed it is 12 years (s8).

12. What is the limitation period for personal injury claims, and from when does it run?

    Three years, running from the later of the date the cause of action accrued or the claimant's 'date of knowledge' (Limitation Act 1980 s11). The court has a discretion to disapply this limit under s33.

13. How does the Limitation Act 1980 s14A treat latent damage in negligence (non-personal-injury) claims?

    It gives an alternative period of three years from the date of knowledge of the material facts, subject to a long-stop of 15 years from the negligent act or omission (s14B).

14. What is an interim application and at what stage of proceedings is it made?

    An interim (interlocutory) application is an application made to the court for an order or directions before the final determination of the claim, governed by CPR Part 23, e.g. for summary judgment, an interim injunction, or specific disclosure.

15. What are the two limbs of the test for summary judgment under CPR 24.3?

    The court may give summary judgment if (i) the claimant/defendant has no real prospect of succeeding on/defending the claim or issue, AND (ii) there is no other compelling reason why the case should be disposed of at trial.

16. What are the 'American Cyanamid' guidelines for granting an interim injunction?

    (1) Is there a serious question to be tried? (2) Would damages be an adequate remedy for the claimant? (3) Would the cross-undertaking in damages adequately compensate the defendant? (4) Where does the balance of convenience lie? (5) Preserve the status quo if balance is even.

17. What is a 'cross-undertaking in damages' required of an applicant for an interim injunction?

    An undertaking by the applicant to compensate the respondent for any loss caused by the injunction if it later turns out the injunction should not have been granted (i.e. the applicant fails at trial).

18. What is a freezing injunction (formerly Mareva injunction) and what must an applicant typically show?

    An order restraining a party from disposing of or dealing with assets to frustrate enforcement of a judgment. The applicant must show a good arguable case on the merits and a real risk that assets will be dissipated.

19. What is a search order (formerly Anton Piller order) under s7 Civil Procedure Act 1997?

    An order permitting the applicant's representatives to enter the respondent's premises to search for, copy and remove documents or material, to prevent destruction of evidence. It is a draconian remedy granted without notice in strong cases.

20. What is the meaning of 'disclosure' under CPR 31.2?

    A party discloses a document by stating that the document exists or has existed. It is distinct from 'inspection', which is the right of the other party to actually see/copy the disclosed document.

21. What documents must be disclosed under 'standard disclosure' (CPR 31.6)?

    (a) The documents on which a party relies; (b) documents which adversely affect his own case, adversely affect another party's case, or support another party's case; and (c) documents he is required to disclose by a relevant practice direction.

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