BPTC Law Notes BPTC Civil Ligitation Notes
A collection of the best BPTC notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short, these are what we believe to be the strongest set of BPTC notes available in the UK this year. This collection of BPTC notes is fully updated for recent exams, ...
The following is a more accessible plain text extract of the PDF sample above, taken from our BPTC Civil Ligitation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
APPLICATION | PURPOSE | TEST | TIME OF ORDER | WHEN TO APPLY? | WHO CAN APPLY? | ON NOTICE? | EVIDENCE IN SUPPORT? | TIMING OF SERVICE | EVIDENCE IN REPLY? | HEARING | JUDGE | COSTS OF THE APPLICATION | ||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
General rules for applications for court orders (Part 23) | Set out general rules for court orders. Applies to all applications for orders or directions made before the trial or substantive hearing of the claim:
| Depends on order applying for. | At any time, including after judgment | As soon as apparent it is necessary / desirable ASAP BUT after A has come on to court record Pre-action if:
| Depends | Yes, unless good reason:
Unless secret informal notice | Yes, generally. 4 formats (must contain statement of truth):
interim remedies - must include case management directions - no | If there is to be a hearing, must serve application notice (+ evidence + draft order) ASAP after filing and minimum 3 clear days before hearing telephone hearing: serve 5 clear days before Don't serve if without notice | May file ASAP and in accordance with any directions | Yes, unless:
May be by telephone if case management / interim hearing <1 hour | judge OR master OR DJ | Parties must file statement of costs not less than 24 hours before hearing Summary assessment after hearing if <1 day Payable within 14 days | ||
Application for default judgment | Must apply if:
| N/A | After D fails to file AoS and / or defence | As soon as apparent it is necessary / desirable i.e. After D fails to file AoS and / or defence | C | Must serve application notice, including C's DoB (if known) | Must include Also include certificate of service if C served PoC | Only serve evidence in support if D filed AoS | ||||||
Application to set aside default judgment | Set aside default judgment (Court can also do of own initiative) | Must set aside if:
May set aside if:
| After default judgment entered | As soon as apparent it is necessary / desirable i.e. After default judgment entered If D has applied for SJ OR strike out, not until SJ / strike out application disposed of | D | |||||||||
Summary judgment | Dispose of weak claim, obtain summary determination of some issues. Alternative to strike out. | A must prove R:
| After D files AoS | As soon as apparent it is necessary / desirable Only after D files AoS - usually between AoS and filing DQ (before allocation) If C fails to comply with PAP, only after period for filing defence expires specific performance: after service of claim form | D, except:
OR C OR court of own initiative | Must include | If there is to be a hearing, must serve application notice (+ evidence + draft order) ASAP after filing and minimum 14 clear days before hearing, informing R that must file evidence in reply within 7 days of hearing specific performance: serve 4 clear days before hearing | If wish to rely on evidence at hearing R must file and serve within 7 clear days before hearing If wish to rely, A must file and serve further evidence within 3 clear days of hearing | ||||||
Strike out | Plain and obvious case where trial pointless Alternative to SJ. | May strike out SoC / part of SoC if:
If several grounds: plain and obvious that trial pointless? | Before D files defence (otherwise acquiesced) | As soon as apparent it is necessary / desirable | Parties OR court of own initiative OR court officer can refer (except failure to comply with rule, PD, court order) | Not usually | ||||||||
APPLICATION | PURPOSE | TEST | TIME OF ORDER | WHEN TO APPLY? | WHO CAN APPLY? | ON NOTICE? | EVIDENCE IN SUPPORT? | TIMING OF SERVICE | EVIDENCE IN REPLY? | HEARING | JUDGE | COSTS OF THE APPLICATION | ||
Interim payment (interim remedy) | For D to pay C for (part of) amount of judgment where C can show liability will be established | Court may make if one of following:
Court may award a reasonable proportion of likely final judgment (- contrib, set off, counterclaim) | After period for filing AoS has expired | After period for filing AoS has expired May make second application if change of circumstances | C OR Voluntary (if liability not in dispute but quantum if) - still need permission if D is child / PP | Must include:
|
Buy the full version of these notes or essay plans and more in our BPTC Civil Ligitation Notes.
A collection of the best BPTC notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short, these are what we believe to be the strongest set of BPTC notes available in the UK this year. This collection of BPTC notes is fully updated for recent exams, ...
Ask questions 🙋 Get answers 📔 It's simple 👁️👄👁️
Our AI is educated by the highest scoring students across all subjects and schools. Join hundreds of your peers today.
Get Started