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:
STAYS
general power
court may stay:
whole OR part
of proceedings OR judgment
generally OR until specified time / date (r3.1(2)(f))
= part of court's case management powers
can stay of own motion of an application of any person, regardless of whether a party (SCA 1981 s49(3))
effect of stay
proceedings remain alive BUT only step that can be taken is application to lift stay
stayed judgment CANNOT be enforced until stay lifted
Stay on failure to file defence
claim stayed if:
at least 6 months expired since expiry of time for filing defence (14 / 28 days if AoS); AND
no D has:
served or filed an admission; OR
filed a defence / counterclaim; AND
C has NOT entered or applied for DefJ / SJ (r15.11(1))
any party may apply for stay to be lifted, using part 23 procedure + giving reasons for delay (r15.11(2), PD 15 para 3)
Stay to allow settlement
how does a stay come about?
parties request
party may request stay for ADR / settlement in writing when file DQ (r26.4(1))
if all parties request a stay 1 month stay + court will notify parties in writing (r26.4(2))
court directs
if thinks appropriate, court will direct whole / part 1 month stay OR other period (r26.4(2A))
when Part 36 offer accepted
frequently ordinary consent order provides for stay
Tomlin order - stays proceedings in terms set out in schedule, with liberty to apply
extension of stay
court may extend until for period / till date as appropriate (r26.4(3))
requirement to notify if settlement reached
if stay under this rule, C must tell court if settlement reached (r26.4(4))
if C does NOT tell court by end of stay, court will give appropriate case management directions (r26.2(5))
Stays in pending proceedings / for litigation reasons
stay desirable for efficient progress of proceedings in following examples:
PI:
stay to determine prognosis: no issue on liability BUT clear prognosis NOT possible for some time
stay to obtain medical evidence: claim issued close to expiry of limitation without sufficient medical evidence because difficulty obtaining
protected proceedings: solicitor instructed close to expiry of limitation - apply for stay to enable pre-action protocol compliance
where claim commenced + possibility proceedings will NOT serve useful purpose
stay pending resolution of test case (Woods v Duncan)
stay at allocation for settlement (r26.4) (see stay for settlement above)
stay for reference to CJ
Stays to enforce compliance with orders
only effective against C OR person in position of a C (e.g. counterclaiming D)
examples of stays imposed to enforce compliance with orders:
(usually) pending provision of security for costs
C in PI claim refuses reasonable request for medical exam BSB like this!
pending unsatisfactory undertaking as to costs OR connected with way claim funded
second claim pending payment of costs of earlier discontinued / struck out claim
court may stay if C fails to pay within 14 days of date parties agreed / court ordered sum payable (r38.8)
where partners fail to comply with demand for names + addressed (PD 7A para 5B.1-3)
Stays to protect concurrent claims
general public interest in avoiding multiple claims
the solution:
strike out as abuse of process; OR
stay (if not suitable for strike out):
breach of arbitration clause by commencing litigation (s9 AA)
where dispute should be dealt with in admin of insolvent person's estate
certain situations re: service outside jurisdiction
stays until resolution of connected criminal proceedings
following can apply:
any party to civil claim
prosecutor
D to criminal proceedings (PD 23A para 11A.1)
evidence in support must:
contain estimate of duration of stay; AND
ID how continuing civil claim might prejudice criminal trial (PD 23A para 11A.3)
DISCONTINUANCE
what is discontinuance
= pulling out of litigation
discontinuance if C claims more than 1 remedy and abandons claim to 1+ remedies BUT continues with claim for other (r38.1(2))
what may be discontinued
C may discontinue:
all of claim (r38.1(1))
part of claim (r38.1(1))
against any Ds (r38.2(3))
all Ds (r38.2(3))
whether permission to discontinue required
general rule
C may discontinue without permission at any time (r38.2(1))
exceptions
court has granted II
C must get court's permission (r38.2(2)(a))
any party given undertaking to court
C must...
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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