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:
INTERIM REMEDIES
irrelevant whether has been a claim for a final remedy of that kind
interim injunctions
interim declarations
orders regarding relevant property for: detention, custody or preservation; inspection, sampling; experimenting; sale (if perishable / desirable to sell quickly); payment of income from until claim concluded (separate orders)
order authorising person to enter property to carry out (c)
order for delivery-up of goods
freezing injunction
order directing party to provide info about location of property / assets
search order (SO)
s33 Supreme Court Act / s52 County Courts Act - order for disclosure of documents / inspection of property before a claim has been made
s34 Supreme Court Act / s53 County Courts Act - order for disclosure of documents / inspection of property against a non-party
order for interim payment: under r25.6 for payment by D on account of any damages, debt or other sum (except costs) which the court may hold D liable to pay
order for specified fund to be paid into court / secured (where there is a dispute to a party's right to a fund)
order permitting a party to pay money into court pending outcome of proceedings and directing that, if he does his personal property will be given up to him
order directing party to prepare and file accounts relating to the dispute
order directing any account to be taken / inquiry made by court
order in IP proceedings making the continuation of an alleged infringement subject to lodging guarantees
PROCEDURE AND TIME TO APPLY
generally same as any other interim application
can only apply after D has filed AoS / defence
if pre-action interim remedy granted, court should direct claim to be commenced except for applications made for pre-action inspection of property (s33 SCA)
INSPECTION OF PROPERTY DURING PROCEEDINGS (r25.1(c) and (d))
relevant property = property including land which is the subject of claim - must be a physical thing
orders can be sought
at allocation stage, by covering letter sent with directions questionnaire and disclosed to other parties at the same time (usual)
in draft consent directions filed with directions questionnaire (usual)
at case management conference
on application after issue of proceedings
evidence in support of application to enter land (r25.1(d)) - must use affidavit (PD 32 para 1.4)
apply on notice
can get remedy without issuing proceedings (r25.2(4))
INTERIM DELIVERY UP OF GOODS
proceedings for wrongful interference with goods
usually made on notice, but if urgent may be made without notice / before issue
guidelines for exercise (UK Ltd v Lambert):
clear evidence that D intends to dispose of goods to prevent C recovering them through a court
some evidence D acquired goods wrongfully
order must not act oppressively on D (balance)
order: should clearly ID goods, authorize C to enter D's land with D's permission, make provision for safe custody of goods and may provide for delivery to C or person appointed by court
ORDER FOR DISCLOSURE / INSPECTION OF PROPERTY (s33 and s34 SCA) (r25.5)
General rules
evidence in support must (if practicable) demonstrate by reference to SoC in (anticipated) proceedings that the property is relevant i.e.
is / may become the subject matter of such proceedings; OR
is relevant to issues in such proceedings (r25.5(2))
must serve copy of application notice + evidence in support on:
s33 - person against whom order sought (r25.5(3)) before substantive proceedings are issued (r31.16)
s34 - person against whom order sought and every party except applicant (r25.5(3)) after substantive proceedings are issued (r31.17(2))
form of order (r31.6 / 31.17 (4) and (5))
must specify docs / classes of docs R must disclose
must require R to specify which of those documents are no longer in his control / he claims a right or duty to withhold inspection
may require respondent to say what has happened to docs no longer in his control, and specify time and place for disclosure and inspection
costs
usual rule: R awarded costs of the application and of complying with any order made by the applicant (r46.1(2))
may be departed from, if R has acted unreasonably / not complied with relevant pre-action protocol (r46.1(3))
Disclosure before proceedings - s33 SCA
five conditions
applicant must appear likely to be a party to future proceedings (not arbitration) (r31.16(3)(b))
D must appear to be a likely party (r31.16(3)(a))
must appear likely that relevant documents are / have been in D's possession, custody or power (s33(2) SCA)
if proceedings had started, respondent's duty by way of standard disclosure would extend to documents of which applicant seeks disclosure (r31.16(3)(c))
disclosure before proceedings must be desirable to dispose fairly of anticipated proceedings, assist in resolution without proceedings or to save costs (r31,16(3)(d))
Disclosure by non-parties - s34 SCA N.B.must issue proceedings before serving app notice
three conditions
must appear that there are likely to be relevant documents in respondent's possession, custody or power
documents of which disclosure sought likely to support case of applicant / adversely affect case of one of other parties (r31.17(3)(a))
disclosure necessary to dispose fairly of claim or save costs (r31.17(3)(a))
INTERIM PAYMENTS
order for interim payment = order for payment by D on account of any damages, debt or other sum (except costs) which the court may hold D liable to pay
available where C can show that liability will be established
most common in multi-track cases
often used in tandem with successful SJ applications - conditional order on SJ may specify compliance with an interim payment...
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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