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:
TRIAL
LISTING NON-SPECIALIST QBD / ChD CASES IN THE RCJ
after directions in relation to trial period / date given, C must make appointment for a listing hearing AND inform all other parties of that appointment
At the listing hearing, the listing officer will set a fixed date or a trial window.
COURT'S GENERAL POWER TO ADJOURN HEARINGS
Adjournment when there is an impossibility which is out of parties’ control
“exceptional circumstances” are required before the court will vacate a trial date on account of a failure to comply with directions e.g. fail to prepare for trial
TRIAL DOCUMENTATION
Trial Bundles
identical paginated bundles made for
judge,
all parties, and
one for witnesses when giving evidence
When?
C should file no more than 7 days and no less than 3 days before start date of trial (r39.5(2)).
Whose responsibility?
the legal representatives of parties (PD39A para 3.4)
What?
PD 39A para 3 - Unless court orders otherwise should include:
Claim form and all statements of case
Case summary (+ chronology if appropriate)
Any requests for further info and responses
All witness statements
Any witness summaries
Any notice of intention to rely on hearsay evidence under r33.2
Any medical reports and any responses to them
Any experts' reports and any responses to them
Any notice of intention to rely on other evidence (eg maps, plans, photographs) under r.33.6 which is NOT
hearsay evidence under 33.2;
Being given orally at trial
Contained/an exhibit to a witness statement, affidavit or expert report; or
Any order given affecting the conduct of the trial
Any other necessary documents
Contents should be agreed if possible.
If NOT, summary of points in dispute should be included.
How?
Ring-binders or lever arch files
Paginated continuously throughout
Indexed with description of each doc and page number
If document at page x is illegible, it should have a typed copy numbered page xA.
If over 100pages should have numbered dividers
If number of files needed, should be numbered or distinguishable by colour
If a lot, a core bundle should be provided containing most essential documents, and cross-referenced with supplementary docs in other bundles
Reading Lists
QBD and ChD - when lodge trial bundles, claimant or applicant must supply:
reading list for judge
estimated time for reading
estimated length of hearing
Signed by all advocates with name, business address and telephone number
If disagree, defendant or respondent advocate can supply a separate list and estimate
Judge has discretion to read other material by way of preparation (even inadmissible evidence)
Case Summaries
short, non-contentious, summary of
the issues, and
relevant procedural matters
should be agreed by all parties if poss.
Often useful to provide short chronology of the events
Skeleton Arguments and Authorities
Skeleton Arguments
compulsory for High Court
sometimes required by directions in CC
summarising submissions and citing authorities
filed 2 days before trial (QBD) or with the trial bundles (ChD)
Authorities
In QBD, lists of authorities to the court by 9am on day of hearing, so reports can be brought to court in advance of hearing
Professional etiquette is to provide to other side with list in good time before hearing
LOCATION OF TRIAL
Usually in court where case has been proceeding
Can be transferred for convenience of parties / availability of court resources
PUBLIC OR PRIVATE HEARING?
General rule - should be in public (don't need to make special arrangements for public to attend)
Private if:
Publicity would defeat the point of the hearing e.g. defamation
Involves matters of national security, including CMPs in terrorism cases
Confidential information involved and publicity would damage that confidentiality
To protect interests of a child or patient
If uncontentious matters re: administration of an estate or administration of trusts.
If it is without notice and to hold in public would be unfair on the respondent
If court considers it to be necessary, in the interests of justice.
Can also order anonymity of party’s name – ONLY if strictly necessary (will balance art 8 and art 10)
CONDUCT OF THE TRIAL
Before hearing, for each advocate court should be provided with:
Name;
Business address;
Qualification; and
Party he/she acts for
Can restrict time for XIC, XX, etc.
Order of trial
Opening speech by C - outline claim and issues
May be dispensed with when judge has read papers
Usually C begins
D will begin only if D has admitted all issues on which C had the burden of proof, so only live issues that remain are for D to prove
Claimant’s case
Call evidence:
usual evidence adduced:
Real evidence
Exhibits - Handed to court to be proved during trial. Kept in custody of the court until end of the trial, unless court orders otherwise (PD39A para 7)
Witness evidence
usually a WS and in the box, but can be by deposition, by affidavit or in hearsay statements
call in any order, subject to trial directions
Views of the site
Judge can inspect a piece of real evidence in quo (as opposed to via a view) if proportionate to cost, in presence of both parties
Contemporaneous documentary evidence
XIC
WS stands as XIC (r.32.5(2))
IF court considers there is good reason can amplify the WS or give evidence about something which has arisen since the WS was served on other parties
Any disclosed WS NOT used at trial can be used by another party and put in as hearsay (but NOT to simply prove it is untrue - cannot adduce evidence own W not to be believed on oath)
XX
If more than one D, go in order on the court record.
Can be leading questions.
If fail to XX, can't ask tribunal of fact to disbelieve EIC (tacit acceptance)
ReX
Issues arising in XX.
CANNOT lead.
Submission of No Case To Answer
Rarely entertained by one judge alone
Either:
D put to an election whether...
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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