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

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.

What is the duty to conduct a 'reasonable search' for documents, and what factors affect its extent (CPR 31.7)?

A party must make a reasonable search for documents falling within standard disclosure. Relevant factors: the number of documents involved, the nature and complexity of the proceedings, the ease and expense of retrieval, and the significance of any document likely to be found.

On what two main grounds may a party claim the right to withhold inspection of a disclosed document (privilege)?

Legal professional privilege - comprising (i) legal advice privilege (confidential lawyer-client communications for legal advice) and (ii) litigation privilege (communications with lawyers or third parties whose dominant purpose is litigation). Also 'without prejudice' communications and public interest immunity.

What is the difference between legal advice privilege and litigation privilege?

Legal advice privilege protects confidential communications between lawyer and client for the purpose of giving/receiving legal advice (no litigation needed). Litigation privilege protects communications with third parties whose dominant purpose is conducting pending or contemplated litigation.

What is the function of a witness statement in civil proceedings under CPR Part 32?

A witness statement sets out, in the witness's own words, the evidence they would give orally at trial. It stands as the witness's evidence in chief and must be verified by a statement of truth.

What is a 'Civil Evidence Act notice' and when is it required?

A notice under the Civil Evidence Act 1995 / CPR 33.2 given to other parties where a party intends to rely on hearsay evidence, allowing them to investigate and challenge its weight (e.g. by requiring the maker to be called for cross-examination).

What is the overriding duty of an expert witness in civil proceedings under CPR 35.3?

It is the expert's duty to help the court on matters within their expertise. This duty overrides any obligation to the person from whom the expert has received instructions or by whom they are paid.

Can expert evidence be adduced freely in civil claims? State the rule in CPR 35.4.

No. Expert evidence is restricted to that which is reasonably required to resolve the proceedings, and no party may call an expert or put in an expert report without the court's permission.

What is a 'single joint expert' (SJE) and when might the court direct one?

An expert instructed to prepare a report for two or more parties jointly (CPR 35.7). The court may direct an SJE, particularly on the fast/intermediate track or where the issue is not central, to save costs and avoid duplication.

What is the standard order of events at a civil trial?

Claimant's opening, claimant's evidence (witnesses examined, cross-examined, re-examined), defendant's evidence, closing speeches (defendant then claimant), then judgment. The claimant generally bears the burden and goes first.

What standard of proof applies in civil litigation?

The balance of probabilities - the claimant must prove that their version of events is more likely than not (i.e. greater than 50%) to be true.

What is the general rule on costs at the end of a civil trial (CPR 44.2)?

Costs are in the discretion of the court, but the general rule is that the unsuccessful party will be ordered to pay the costs of the successful party ('costs follow the event'). The court may make a different order considering conduct and offers.

What is the difference between the 'standard basis' and 'indemnity basis' of costs assessment?

On the standard basis, costs must be proportionate and reasonable, with doubt resolved in favour of the paying party. On the indemnity basis, proportionality does not apply and doubt is resolved in favour of the receiving party (a more generous award).

What is a Part 36 offer and what are its key costs consequences if a claimant beats it at trial?

A formal settlement offer under CPR Part 36. If a defendant fails to beat a claimant's Part 36 offer at trial, the claimant may receive: indemnity-basis costs from expiry of the relevant period, enhanced interest (up to 10% above base), and an additional amount (10% of damages up to £500,000, then 5%).

What are the costs consequences if a claimant fails to beat the defendant's Part 36 offer at trial?

The claimant is normally ordered to pay the defendant's costs from the date the relevant period expired, plus interest on those costs, even though the claimant 'won' the case overall.

What is a costs budget and which regime governs it?

A costs budget is a document (Precedent H) setting out a party's estimated costs for each phase of litigation, required in multi-track cases under the costs management regime (CPR Part 3 Section II). The court may approve budgets and an approved budget controls recoverable costs.

What permission is generally required to appeal, and what is the test for granting it (CPR 52.6)?

Permission to appeal is required. It may be granted only where the court considers the appeal has a real prospect of success, or there is some other compelling reason for the appeal to be heard.

On what two grounds may an appeal be allowed under CPR 52.21(3)?

An appeal will be allowed where the decision of the lower court was (a) wrong (in law, fact, or exercise of discretion), or (b) unjust because of a serious procedural or other irregularity in the lower court proceedings.

Is an appeal generally a rehearing or a review? State the rule.

Under CPR 52.21, an appeal is generally limited to a review of the lower court's decision, not a rehearing, unless a practice direction provides otherwise or the court considers it in the interests of justice to hold a rehearing. New evidence is admitted only exceptionally (Ladd v Marshall).

Name four common methods of enforcing a money judgment in the civil courts.

Taking control of goods (writ/warrant of control via enforcement agents); third party debt order (freezing a debt owed to the debtor, e.g. a bank account); charging order over land/securities; and attachment of earnings order. An order to obtain information from the debtor assists enforcement.

What is a charging order and how is the debt ultimately realised?

A charging order imposes a security charge on the judgment debtor's property (e.g. land or shares) for the judgment sum. The creditor may then apply for an order for sale of the charged property to realise the debt.

What is a third party debt order and a common example of its use?

An order requiring a third party who owes money to the judgment debtor to pay that money directly to the judgment creditor instead. A common example is freezing and then directing payment from the debtor's bank account.

What are the main forms of Alternative Dispute Resolution (ADR)?

Mediation (a neutral facilitates negotiation, non-binding until agreed); arbitration (a binding decision by an arbitrator); conciliation; early neutral evaluation; and expert determination. Mediation is the most commonly encouraged form.

What costs consequences may follow an unreasonable refusal to engage in ADR (Halsey/PGF II)?

A successful party who unreasonably refuses to mediate (including silently ignoring a serious invitation, per PGF II) may be penalised in costs, e.g. by being deprived of some or all of its costs despite winning.

Under PACE 1984, what is the maximum period a person may be detained without charge before a magistrates' court warrant of further detention is needed?

Generally 24 hours from the 'relevant time'. This may be extended to 36 hours by a superintendent (for an indictable offence), and up to a maximum of 96 hours with successive warrants of further detention from a magistrates' court.

What are 'PACE Code C' review requirements for a detained suspect's continued detention?

Detention must be reviewed by a review officer (an inspector not involved in the investigation): the first review within 6 hours of detention being authorised, and subsequent reviews at intervals of no more than 9 hours.

What conditions must be satisfied for a lawful arrest without warrant under s24 PACE 1984?

The officer must have reasonable grounds to suspect the person is committing, has committed, or is about to commit an offence, AND reasonable grounds to believe the arrest is necessary (e.g. to ascertain name/address, prevent harm, allow prompt investigation, prevent prosecution being hindered).

What is the general statutory presumption regarding bail under the Bail Act 1976?

There is a general right to (presumption in favour of) bail under s4 of the Bail Act 1976. Bail may be refused only where one or more statutory exceptions in Schedule 1 apply.

State three of the main grounds in the Bail Act 1976 for refusing bail to a defendant charged with an imprisonable offence.

Substantial grounds to believe the defendant would, if released: (1) fail to surrender to custody; (2) commit further offences while on bail; or (3) interfere with witnesses or otherwise obstruct the course of justice.

What factors does the court consider when deciding whether the Bail Act exceptions apply?

Under Sch 1 para 9: the nature and seriousness of the offence and likely sentence; the defendant's character, antecedents, associations and community ties; record on previous grants of bail; and the strength of the evidence.

What is the classification of criminal offences by mode of trial?

Summary-only offences (tried only in the magistrates' court); either-way offences (triable in either the magistrates' court or the Crown Court); and indictable-only offences (tried only in the Crown Court, e.g. murder, robbery, rape).

For an either-way offence, what is the 'plea before venue' and 'allocation' procedure?

The defendant first indicates a plea (plea before venue). If guilty, the magistrates proceed to sentence or commit for sentence. If not guilty/no indication, the court conducts allocation: deciding if its sentencing powers are adequate; if it accepts jurisdiction the defendant may still elect Crown Court trial.

How are indictable-only offences dealt with in the magistrates' court?

Under s51 Crime and Disorder Act 1998 the magistrates' court 'sends' the case forthwith to the Crown Court for trial, without considering the evidence (no committal). Related either-way and summary offences may be sent at the same time.

What are the five statutory purposes of sentencing for adults under s57 Sentencing Act 2020?

(a) Punishment of offenders; (b) reduction of crime (including by deterrence); (c) reform and rehabilitation of offenders; (d) protection of the public; and (e) reparation by offenders to persons affected by their offences.

What is the custody threshold for imposing a custodial sentence under s230 Sentencing Act 2020?

The court must not pass a custodial sentence unless the offence (or combination of offence and others associated with it) was so serious that neither a fine alone nor a community sentence can be justified.

What maximum reductions in sentence are available for a guilty plea, and when do they apply?

Up to one third (1/3) reduction for a plea entered at the first stage of proceedings; reducing to a maximum of one quarter (1/4) after the first stage; and a maximum of one tenth (1/10) for a plea on the day of trial (sliding scale per the Sentencing Council guideline).

What two-step approach do sentencing guidelines require the court to take when assessing offence seriousness?

Step 1: determine the offence category by assessing culpability (the offender's blameworthiness) and harm caused or risked, giving a starting point and range. Step 2: adjust within/outside the range for aggravating and mitigating factors.

What standard of proof applies in criminal proceedings, and on whom does the burden generally lie?

The prosecution must prove guilt 'beyond reasonable doubt' (so that the tribunal is sure). The legal burden generally lies on the prosecution; the defendant need only raise certain defences, with limited reverse burdens being on the balance of probabilities.

What is a 'Newton hearing' in criminal sentencing?

A hearing held after a guilty plea where the prosecution and defence disagree about the factual basis of the offence and the difference is material to sentence. The judge hears evidence and decides the factual basis on which to sentence.