Solicitors' Higher Rights of Audience Qualification Civil Procedure and Higher Courts (Civil Proceedings) Syllabus

Civil Procedure and Higher Courts (Civil Proceedings) syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Civil Procedure and Higher Courts (Civil Proceedings) in Solicitors' Higher Rights of Audience Qualification, not a summary of it.

1. 1

   The Civil Procedure Rules and the Overriding Objective

   3 topics

   • Structure and application of the CPR
     • Rules, Practice Directions and court guides
     • The overriding objective and proportionality
   • The court's case management powers
     • Case management directions and conferences
     • Sanctions and relief from sanctions
   • Tracks and allocation to the High Court
2. 2

   Interim Applications in the High Court

   3 topics

   • Procedure for interim applications
     • Application notices and evidence in support
     • Without notice applications and full and frank disclosure
   • Common interim remedies
     • Interim injunctions and the American Cyanamid test
     • Summary judgment and strike out
   • Advocacy at the interim hearing
     • Presenting and opposing applications
     • Drawing up and agreeing orders
3. 3

   Trial Procedure in the Civil Higher Courts

   3 topics

   • Pre-trial preparation
     • Pre-trial reviews and trial timetables
     • Trial bundles and skeleton arguments
   • Conduct of the civil trial
     • Order of proceedings and burden of proof
     • Witness handling and expert evidence
   • Judgment and consequential matters
     • Costs submissions and orders
     • Permission to appeal applications
4. 4

   Costs in Civil Proceedings

   3 topics

   • Principles of costs
     • Costs follow the event and discretion
     • Standard and indemnity basis
   • Costs management and budgeting
     • Costs budgets and precedent H
     • Part 36 offers and costs consequences
   • Summary and detailed assessment
5. 5

   Civil Appeals

   3 topics

   • Routes and permission to appeal
     • Destinations of appeal and permission tests
     • Grounds of appeal
   • Conduct of the appeal
     • Appellant's and respondent's notices
     • Powers of the appellate court
   • Appeals to the Court of Appeal and Supreme Court

Civil Procedure and Higher Courts (Civil Proceedings) flashcards for Solicitors' Higher Rights of Audience Qualification

25 of 67 cards from the Civil Procedure and Higher Courts (Civil Proceedings) deck — real questions with worked answers.

1. What are the Civil Procedure Rules (CPR) and when did they come into force?

   The CPR are the rules of civil court procedure for the civil courts of England and Wales (County Court, High Court and Court of Appeal Civil Division). They came into force on 26 April 1999 following the Woolf Reforms, replacing the old Rules of the Supreme Court and County Court Rules.

2. State the 'overriding objective' of the CPR and where it is found.

   Found in CPR Part 1.1, the overriding objective 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, ensuring they are dealt with expeditiously and fairly, allotting an appropriate share of court resources, and enforcing compliance with rules, practice directions and orders.

3. How does the duty to further the overriding objective bind the parties and the court?

   Under CPR 1.2 the court must give effect to the overriding objective when exercising any power or interpreting any rule. Under CPR 1.3 the parties are required to help the court further the overriding objective. CPR 1.4 imposes a duty on the court to further it by actively managing cases.

4. What factors does the court consider when dealing with a case 'proportionately' under CPR 1.1(2)(c)?

   Proportionality is assessed having regard to the amount of money involved, the importance of the case, the complexity of the issues, and the financial position of each party.

5. List the principal active case management powers/duties of the court under CPR 1.4(2).

   They include encouraging cooperation between parties; identifying the issues at an early stage; deciding promptly which issues need full investigation and disposing summarily of others; deciding the order issues are resolved; encouraging ADR; helping parties settle; fixing timetables; considering whether benefits of a step justify its cost; dealing with as many aspects as possible on one occasion; dealing with the case without parties attending; using technology; and giving directions to ensure the trial proceeds quickly and efficiently.

6. What general case management powers does the court have under CPR Part 3.1?

   The court may, among other things, extend or shorten time for compliance; adjourn or bring forward a hearing; require attendance; stay proceedings; consolidate proceedings; try two or more claims together; decide the order of issues; exclude an issue from consideration; dismiss or give judgment after a decision on a preliminary issue; and take any step or make any order to manage the case and further the overriding objective.

7. What is the court's power to make orders 'of its own initiative' and the safeguard for it?

   Under CPR 3.3 the court may make an order on its own initiative. Where it does so without a hearing, the affected party may apply to set aside, vary or stay the order; the order must state that the party may apply within a stated period (usually 7 days). The court may also give notice of a hearing before acting on its own initiative.

8. What is the sanction for failure to pay the trial fee or failure to file a costs budget, as a 'self-acting' sanction example?

   Where a party fails to file a budget despite being required to, CPR 3.14 provides that the party is treated as having filed a budget comprising only the applicable court fees, unless the court orders otherwise. This is an automatic sanction not requiring a separate order.

9. State the test for 'relief from sanctions' under CPR 3.9 and the leading case.

   Under CPR 3.9 the court considers all the circumstances to enable it to deal justly with the application, including the need for litigation to be conducted efficiently and at proportionate cost and to enforce compliance with rules. The leading guidance is Denton v TH White Ltd [2014]: a three-stage test.

10. Set out the three stages of the Denton v TH White test for relief from sanctions.

    Stage 1: identify and assess the seriousness and significance of the breach. Stage 2: consider why the default occurred (whether there is good reason). Stage 3: evaluate all the circumstances of the case to deal justly with the application, giving particular weight to the two factors in CPR 3.9 (efficient conduct of litigation and enforcing compliance).

11. Name the three case-management 'tracks' under the CPR and the general financial scope of each (as relevant to higher-value claims).

    The small claims track (generally claims up to £10,000), the fast track (generally £10,000–£25,000), and the multi-track (generally claims over £25,000 and the intermediate track up to £100,000). Complex and higher-value claims, including most High Court claims, are allocated to the multi-track.

12. What is the 'intermediate track' and its monetary band?

    The intermediate track (introduced October 2023) is for less complex claims valued between £25,000 and £100,000 that can be tried within three days with no more than two expert witnesses per party. It sits between the fast track and the multi-track and applies fixed recoverable costs.

13. What is the general financial threshold for issuing a claim in the High Court rather than the County Court?

    Most money claims may only be started in the High Court if the value exceeds £100,000 (or £50,000 for personal injury claims). Claims must otherwise be issued in the County Court. Even where the threshold is met, suitability for the High Court depends on complexity, importance and public interest.

14. Name the three Divisions of the High Court and their broad jurisdiction.

    The King's Bench Division (contract, tort, general civil claims, plus specialist courts like the Commercial and Administrative Courts); the Chancery Division (business, property, trusts, probate, IP, insolvency); and the Family Division (matrimonial and family matters).

15. What is the document used to allocate a case to a track, and what triggers allocation?

    Allocation follows the filing of Directions Questionnaires (Form N181 for multi/fast track) by the parties after a defence is filed. The court provisionally allocates and the parties complete the questionnaire; the court then makes an allocation decision and gives directions.

16. What matters does the court consider when deciding the track for a claim under 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/nature of any counterclaim; the amount of oral evidence; the importance to non-parties; the parties' views; and the parties' circumstances.

17. What is an 'interim application' and under which Part are they generally governed?

    An interim application is an application to the court for an order or directions made before (or sometimes after) trial, governed principally by CPR Part 23. It is the procedural mechanism for obtaining interim remedies, case management directions, or other relief during proceedings.

18. What documents must generally be filed and served to make an interim application under CPR Part 23?

    An application notice (Form N244) stating what order is sought and why, supported by evidence (usually a witness statement with a statement of truth), together with a draft order. The applicant must pay the relevant court fee.

19. What is the general notice period for serving an interim application notice on the respondent?

    Under CPR 23.7, the application notice must generally be served as soon as practicable and in any event at least 3 clear days before the hearing, unless a rule or practice direction specifies otherwise.

20. When can an interim application be made 'without notice' (ex parte), and what duty arises?

    A without-notice application may be made where there is exceptional urgency, where giving notice would defeat the purpose (e.g. freezing/search orders), by consent, or with the court's permission. The applicant owes a duty of 'full and frank disclosure' of all material facts, including those adverse to its case.

21. Define an interim injunction and the statutory source of the court's power to grant one.

    An interim injunction is a court order requiring a party to do (mandatory) or refrain from doing (prohibitory) a specified act, pending trial. The power derives from s.37(1) of the Senior Courts Act 1981, allowing the court to grant an injunction where it is just and convenient.

22. State the American Cyanamid guidelines for granting an interim injunction.

    From American Cyanamid v Ethicon [1975]: (1) is there a serious question to be tried? (2) would damages be an adequate remedy for the claimant? (3) if not, would the claimant's cross-undertaking adequately compensate the defendant? (4) where doubt remains, where does the balance of convenience lie? (5) other factors, including preserving the status quo, may be considered.

23. What is a 'cross-undertaking in damages' and why is it required for an interim injunction?

    It is an undertaking by the applicant to compensate the respondent for any loss caused by the injunction if it is later found the injunction should not have been granted. It is normally required as the price of obtaining an interim injunction to protect the respondent against wrongly granted relief.

24. Define a freezing injunction (Mareva) and the two key conditions for granting one.

    A freezing injunction restrains a respondent from dealing with or dissipating assets pending judgment/enforcement. The applicant must show (1) a good arguable case on the substantive claim, and (2) a real risk that the respondent will dissipate or remove assets so as to render a judgment unenforceable. Full and frank disclosure is also required.

25. Define a search order (Anton Piller) and its statutory basis.

    A search order permits the applicant's representatives to enter the respondent's premises to search for, inspect, copy and preserve evidence or property, to prevent its destruction. Its statutory basis is s.7 of the Civil Procedure Act 1997. It is granted without notice and supervised by an independent supervising solicitor.

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