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:
COMMENCING PROCEEDINGS
DEFINITIONS
filing = giving document into court
issue = application of court issue stamp
service = sending to other side
bringing a claim = depositing documents at court; court date stamps on receipt
particulars of claim - formal written statement setting out nature of C's case and nature of relief/remedy sought from D
ISSUE OF CLAIM - SUMMARY
1. file: take claim form and documents to court
2. pay fee
3. issue claim
CLAIM FORM
Contents of claim form (r16.2(1), PD16 para 2, PD 7A para 3 and 4)
names and addresses of parties - if not supplied - claim form issued but not served until supplied
concise statement of nature of claim
remedy sought; AND
statement of value where claim for money - r16.3
if damages to be decided by court - state (for track allocation) if expect to recover
no more than 10k
10k - 25k
more than 25k
cannot say - r16.3(4)
PI cases only - is PSLA above or below 1000 - r16.3(3)
when calculating how much C expects to recover must disregard - r16.3(6)
interest (future, which may be awarded by court)
costs (which may be awarded by court)
that court may find contributory negligence
that D may make a counterclaim
that defence may include a set-off
D may be liable to pay money court awards to C to Secretary of State for Social Security
if C only claims for specified sum of money - amount sought inc. accrued interest (interest up to date of issue)
proceedings against crown - govt depts, officers of crown, brief details of how liability alleged to have arisen
representatives' capacity (if any)
statement of truth - part 22
endorsement if HC claim
endorse with statement confirming HC's jurisdiction e.g. expect to recover >25k (>50k PI)
Issuing the claim form
solicitor - makes copies, retains 1, sends others to court (OR personally takes them) with cover letter requesting issue of claim
court - issues claim (seals claim forms), enters details in records, allocates claim number, sends notice of issue to C's solicitors (confirms date of service if court effecting service)
designated money claims
can use if:
claim for debt AND / OR damages; AND
started in coco; AND
part 7 claim; AND
NOT governed by special procedure
must send claim form to Northampton coco for issue
undefended claims - transferred to C's preferred coco (specified in claim form)
defended claims - stay in Northampton till parties file DQ OR stay to attempt ADR expired then transfer to D's home coco / that specified in DQ
money claim online
can use if:
debt claims <100k; AND
part 7 procedure used; AND
C child / PP / funded by LSC; AND
D crown / child / PP; AND
C's service address in UK; AND
D's service address in E+W; AND
claim against single D OR 2 Ds w/ single amount against each
issued in Northampton Coco: send court service online form; pay issue fee electronically
service of claim form deemed to be effected by court on 5th day after issue (even if not business day)
D's response may be electronic OR hard copy
if D does NOT respond, C can file electronic request for judgment in default
claim transferred to D's home court on filing of defence
Court fee
payable on stated value of claim AND accrued interest
C may state value below full potential loss, even though this may reduce fee payable
PART 7 PROCEDURE
most proceedings (likely to be substantial dispute of fact) = Part 7
Summary
claim form (+ PoC and response pack)
C has 14 days after service of claim form to file PoC + response pack
Defence - ADD
PARTICULARS OF CLAIM
particulars of claim - formal written statement setting out nature of C's case and nature of relief/remedy sought from D
Contents of particulars - r16.4
concise statement of facts giving rise to dispute (essential elements of cause of action as matter of law)
C's causes of action (essential elements)
remedy claimed
if C seeking aggravated, exemplary or provisional damages - statement to that effect and grounds for claiming
if C seeking interest
statement to that effect and grounds for claiming
basis - contract / statutory authority / other
if claim for specified amount of money: rate; period; total claimed to date; daily rate after date
statement of truth: 'I believe (the claimant believes) that the facts stated in these particulars are true'
Service of particulars
serve w/ response pack containing - r7.8
form for defending claim
form for admitting claim; and
form for acknowledging service
serve within validity period of claim form (usually within 4 months after issue of claim form) - CPR r 7.4(2)
can be - PD 16 para 3.1 - 3.4
included on reverse of claim form; OR
set out in separate document served
w/ claim form; OR
within 14 days after service of claim form CPR r7.4(1)
Contractual claims
particulars should include
written or oral?
date who acted for each side in formation
written contracts must be...
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, ...
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