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

24 sample cards from the Civil and Criminal Litigation deck

Sampled from the end of the deck, so these are different cards from the ones shown on the syllabus page.

1. 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.

2. 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.

3. 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.

4. 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).

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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).

13. 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.

14. 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.

15. 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.

16. 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).

17. 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.

18. 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.

19. 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.

20. 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.

21. 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).

22. 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.

23. 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.

24. 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.

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