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:
SANCTIONS
purposes
ensure orders + directions complied with
punish defaulting party
NON-COMPLIANCE
Non-compliance with pre-action protocols
available sanctions:
order stay
order party at fault to pay costs proportionate to breach
order party at fault to pay indemnity costs
deprive C who is at fault of interest on damages / order interest at lower rate
award D who is at fault higher rate of interest on damages payable to C (PD pre-action conduct para 4.6)
parties must set out whether complied in claim form / particulars of claim (PD pre-action conduct para 9.7)
Non-compliance with CPR
various e.g. can't use undisclosed expert report at trial
Non-compliance with directions
agree new deadlines
if parties occasionally unable to keep to directions timetable, NOT usually problem, provided key dates kept (filing DQs, CMCs, PTRs, filing pre-trial checklists, trial) (r26.3(6A), r28.4, r29.5)
non-compliance through events beyond control / not deliberate
parties should co-operate and agree new timetable preserving key dates (r1.4(2)(a))
time specified by CPR / court for doing act can be varied by written agreement of parties (unless prohibited by rules) (r2.11)
procedure on default
innocent party should write letter to defaulting party:
asking for default to be remedied within reasonable period (7 / 14 days)
give warning of intention to apply for order if NOT remedied
if continued non-compliance
apply without delay for order to enforce compliance and / or sanction
court decides whether to make order compliance / sanctions (court may take any delay into account in deciding)
PRESERVATION OF TRIAL DATE
following apply on CMCs, applications to extend time + applications for relief from sanctions:
court will NOT allow failure to comply with directions, due to circumstances within parties' control lead to postponement of trial unless circumstances of case exceptional
if practicable, court will enable case to come for trial on date / period set:
assess steps party should take to prepare for trial
direct steps taken in shortest possible time
impose sanction for non-compliance
if 1+ issues are / can be made ready for trial at time set, court may direct that trial proceed on those issues AND order no costs for later trial of remaining issues / costs to be paid by party in default
if court has to postpone will for shortest possible time + will give directions to take steps in meantime as rapidly as possible
postponement = order of last resort - court may require party + legal rep to attend hearing where postponement sought
AVAILABLE SANCTIONS
how to apply?
hearings where court decides whether to impose sanctions arise in several ways:
on notice application for sanctions
application by defaulting party to extend time for compliance
CMC
pre-trial reviews
trial
levels of seriousness of default
minor breach - allow defaulter time to comply + adverse costs order on any interim application
serious breach - final order (state revised deadline is final, bearing proportionality in mind) + adverse costs order
breach of final order sanction on further application to court
more serious breach - if satisfied appropriate, unless order with stated sanction in default + adverse costs order
very serious breach - immediate sanction (may restrict evidence, value of claim, strike out)
Unless orders
often used for persistent default
if breached, other party may file request for judgment + costs (r3.5)
drafting unless orders
usual 'Unless C serves list of documents by 10 July 2014, his claim will be struck out and judgment entered for D'
if defaulting party did not attend hearing where order made 'Unless C serves list of documents within 14 days, his claim will be struck out and judgment entered for D'
test on expiry
has there been complete compliance (unless non-compliance de minimis)?
material non-compliance
sanction takes immediate effect (unless defaulting party applies for + obtains relief from it) (r3.8, PD 3A para 1.9)
extensions CANNOT be agreed between parties (r3.8(3))
procedure for obtaining judgment on orders providing SoC will be struck out
situation 1:
party in default is C; +
order strikes out whole particulars
D may enter judgment with costs by filing request stating right to enter judgment arisen because court...
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