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:
PRE-ACTION PROTOCOLS
co-operation facilitates settlement at early stage - encourage exchange of information and ADR
departure from protocol must be explained to court, and may attract sanctions
Apply to 3rd party and normal proceedings
MoJ has published 12 pre-action protocols, and PD on pre-action conduct:
Practice Direction - Pre-Action Conduct
Pre-Action Protocol for PI Claims
Pre-Action Protocol for Resolution of Clinical Disputes
Pre-Action Protocol for the Construction and Engineering Disputes
Pre-Action Protocol for Defamation
Professional Negligence Pre-Action Protocol
Pre-Action Protocol for JR
Pre-Action Protocol for Disease and Illness Claims
Pre-Action Protocol for Housing Disrepair Claims
Pre-Action Protocol for Possession Claims based on Rent Arrears
Pre-Action Protocol for Possession Claims based on Mortgage or Home Purchase Plan Arrears in respect of Residential Property
Pre-Action Protocol for Low Value PI Claims in RTAs
Pre-Action Protocol for Claims for Damages in Relation to the Physical State of a Commercial Property at Termination of a Tenancy (the Dilapidations Protocol)
PD ON PRE-ACTION CONDUCT (cases not covered by specific protocol)
The protocol
Annex A - applies to straightforward claims likely to be disputed
Annex C - guidance on instructing experts
Annex B - information to be provided in debt claims where C = business and D = individual
Does not apply to
consent orders
most applications for directions by a fiduciary
without notice applications e.g. freezing orders
Approach of the courts
court can take into account extent parties comply when giving case management directions - r3.1(4) and (5), r3.9(1)(e)
court expect parties to have complied
court may expect parties to explain non-compliance
court consider:
compliance in substance minor shortcomings ok
proportionality of steps v importance of matter
urgency of matter - if urgent, parties only expected to comply as far as reasonable
Sanctions for non-compliance
court consider overall effect of non-compliance on other party
if court decides has been non compliance sanctions court may impose:
order of stay till steps done
order party at fault to pay costs proportionate to breach
order party at fault to pay costs on indemnity basis
if winning C at fault, deprive of interest on damages/reduce rate
if D at fault, increase interest on damages
pay money into court - r3.1(5)
Principles governing pre-action conduct where no specific protocol
unless circumstances make it inappropriate, before starting proceedings parties should:
exchange sufficient info about matter to
allow them to understand each other's position
make informed decision about settlement and how to proceed
try to resolve
consider ADR, throughout proceedings
act reasonably and proportionately
costs should be proportionate to complexity of matter and money at stake
must not use PD tactically
Exchanging information before starting proceedings
debt claims only - at any time before letter of claim, C should
provide details of how money can be paid
state that D can contact C to discuss repayment, including contact details
inform D that free debt advice is available and where from
C should set out details in letter of claim
give concise details to allow D to understand and investigate w/o needing to request further info:
letter should include
C's full name and address
basis on which claim made
summary of facts
remedy desired
if financial loss claimed explanation of how calculated
details of any funding arrangement of C
letter should also
list essential documents C intends to rely on
set out form of ADR, invite D to agree
state date C considers reasonable for D to respond by
ID and ask for copies of any relevant documents not in C's possession and which C wants to see
unless D known to be legally represented, letter should
refer D to PD pre-action conduct, especially sanctions for non-compliance
inform D that ignoring letter may lead to C starting proceedings and increase D's costs
D should provide full written response w/in reasonable period:
reasonable:
simple matter 14 days
3rd party involved 30 days
complex matter 30+ days
exceptional circumstances 90+ days
if D cannot provide full response should provide - w/in 14 days - written acknowledgement instead:
state whether insurer involved
state date by which D / insurer will provide full written response
if later than that C stated as reasonable in letter of claim, D should give reasons
if C starts proceedings before this date, court consider whether period specified by D reasonable
may request further info to enable full response
if D cannot provide full response because intends to seek (debt) advice
state:
seeking (debt) advice
from whom
when D expects to have received advice
C should allow up to 14 days for D to obtain advice
debt claims only - BUT C need not allow D time if C knows:
D already received debt advice and circumstances haven't changed
D has previously requested time to seek debt advice and hasn't
full written response should
accept claim in whole / part; or
deny liability
if C accepts in part / denies liability, response should
give reasons, IDing which facts accepted / disputed and basis of dispute
state whether D will counterclaim (give details cf letter of claim)
state whether D alleges C wholly or partly to blame and summarise facts relied on
state if D agrees to C's suggestion of ADR and if not, suggest alternative
list essential documents D intends to rely on
enclose copies of documents requested by C / explain why not providing
ID and ask for copies of any relevant documents not in D's possession and which D wants to see
C should reply
provide documents requested by D ASAP / explain in writing why documents not provided
if D has counterclaimed, C should provide 'full written response'
if matter not resolved on completion of procedure, parties should review their positions to...
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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