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:
Strike out, Stays and Discontinuance
Strike out When can an application be made to strike out a claim? | CPR r3.4(2): If the statement of case:
OR
|
---|---|
What can be struck out? | Either part or the whole of a statement of case. |
What is the procedure for bringing a strike out application? |
|
When should an application be made? | An application should be made as soon as it becomes apparent that it is desirable to make it. Usually this is following acknowledgement of service and allocation. |
What is the general test when deciding whether to strike out the claim? | Where it is plain and obvious that there is little point having a trial. |
What does it mean ‘no reasonable grounds’? | This is where the statement of case:
This is also where the defence:
|
What does it mean an ‘abuse of process’, and who can allege this? | This claim can only be made by a defendant, and D loses this right after serving a defence. An abuse of process is:
|
What does it mean ‘likely to obstruct the just disposal of the proceedings’? | If the statement is deemed vexatious or obviously ill-founded. Also if it is poorly drafting, without it being clear what is admitted and what is denied, or seeks to reverse the burden of proof. |
What happens after an application to strike out? | If successful, judgment is given in favour of the successful party. If unsuccessful, the court may dispense of the need for allocation questions, allocate the case, and give case management directions. |
Discontinuance What is ‘discontinuance’? When does C need permission? | This is where the claimant (‘C’) wishes to discontinue all or some of this claim. This may be the whole claim, part of the claim, against all the defendants or some of the defendants. ... |
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