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:
SUMMARY JUDGMENT
burden on A to prove R has:
no real prospect of success in succeeding on / defending claim
realistic, NOT fanciful - better than merely arguable
libel claims - no reasonable jury could reach verdict contended for
defence with real prospect of success NO SJ where:
substantive defence e.g. volenti, frustration, illegality
point of law destroying the claimant’s cause of action
denial of facts supporting the claimant’s cause of action
further facts answering the claimant’s cause of action e.g. an exclusion clause
the cheque rule
if buyer pays for cheque, are 2 contracts:
initial contract - for goods / services
the cheque - buyer undertakes to pay sum stated on cheque
if cheque bounces OR is stopped seller can sue on:
initial contract - non-payment of contract for goods / services
buyer can use any defence SJ unlikely
----OR-----
the cheque - on the cheque itself
buyer can only use limited defences applying to cheque:
fraud, duress, illegality
no consideration
misrepresentation
SJ highly likely
applies to: cheques, direct debits, letters of credit, performance bonds
-----AND------
no other compelling reason for trial
compelling reason NO SJ where:
complex dispute of fact e.g. negligence claims - SJ is NOT a mini trial
deceitful, dishonest conduct by A
facts entirely within A's hands - unjust to enter SJ without letting R present claim without request for further info etc.
can use procedure to dispose of weak claims, and to obtain summary determination of some issues
can sometimes bring SJ and strike out in alternative
WHO CAN APPLY FOR SJ?
the C - to attack weak defence / counterclaim, except in:
residential possession proceedings in protected tenancies / mortgages
admiralty claims in rem
the D - to attack weak claim
the court of own initiative - stop weak cases
WHEN TO APPLY FOR SJ?
applications usually made before track allocation
apply between D's AoS and filing of DQ, or if not, as soon as becomes apparent it is desirable
court will not allocate track before hearing - usually deal with SJ and track allocation together
the C - only after D files AoS / defence
except if C has NOT complied with pre-action protocol - after period for filing defence expires
if apply after AoS, no need to file defence before hearing
the D - only after D themselves has filed AoS / defence
if D has applied for SJ against C, C CANNOT obtain default judgment against until SJ application disposed of
specific performance claims - any time after service of claim form
PROCEDURE (amended version of general process for interim applications)
C or D applies
A must file AND serve within 14 clear days of hearing:
application notice
evidence in support - state belief there is no defence with reasonable prospect of success
draft order
R may file AND serve evidence in reply within 7 clear days of hearing
A may file AND serve further evidence within 3 clear days of hearing
Court fixes hearing of own initiative
court serves application notice
all...
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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