LPC Law Notes Civil Litigation Notes
A collection of the best LPC Civil Litigation notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC 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 Civil Lit notes available in the UK this year. This collection of notes is fully updated ...
The following is a more accessible plain text extract of the PDF sample above, taken from our Civil Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
The Court’s Powers |
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Striking out a Statement of Case and other sanctions (See Sanctions Sheet) | Striking out: r.3.4(2) gives the court power to strike out a party’s statement of case (“SC”) when: r.3.4(2)(a),the SC discloses no reasonable grounds for bringing or defending the claim r.3.4(2)(b); the SC is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings or r.3.4(2)(c) there has been failure to comply with a rule, practice direction or court order (Biguzzi v Rank Leisure) Sanctions other than striking out:
if the party subject to an Unless Order does not apply for an extension the Strike Out order will take automatic effect and the case will be Struck Out without further action required CPR PD 3 para 1.9 |
Relief from Sanctions r.3.8 and r.3.9 |
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Allocation to a Track (Civil Lit Book Chapter 9 p126)
What is it? & When to file? |
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Failure to file? | None of the Parties File:
One Party has Filed:
T&F NOTE If opponent in a multi-track case has failed to take a step in accordance with the timetable. You should first warn your opponent that you intend to make the application to the court. See PD 29 para 7.2. |
Scrutinising the AQ |
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Which Track? (Civil Lit Book pages 130-134)
Rule 26.8(1) sets out the factors to which the court must have regard when Allocating the Track, including:
Rule 26.8(2) when the court calculates the financial value of a claim it will disregard –
T&F NOTE The value of the claim is only one of the factors which the court will take into account when deciding on allocation. | ||
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Small Claims Track CPR Part 27 + PD 27 (AQ Form N149) (DQ Form N180) | Fast Track CPR Part 28 + PD 28 (AQ Form N150) (DQ Form N181) | Multi-Track CPR Part 29 + PD 29 (AQ Form N150) (DQ Form N181) |
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Buy the full version of these notes or essay plans and more in our Civil Litigation Notes.
A collection of the best LPC Civil Litigation notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC 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 Civil Lit notes available in the UK this year. This collection of notes is fully updated ...
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