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Allocation Questionnaire Notes

LPC Law Notes > Civil Ligitation Notes

This is an extract of our Allocation Questionnaire document, which we sell as part of our Civil Ligitation Notes collection written by the top tier of Cambridge And Oxilp And College Of Law students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Civil Ligitation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Allocation

1) Court's case management powers

The court can strike out a claim as part of its inherent jurisdiction under the CPR

The court can make an order of its own initiative
- CPR (Civil procedure rules) 3.3

The court can make an order to strike out a statement of case if: - CPR 3.4

a) The statement of case discloses no reasonable grounds for brining or defending the claim - CPR 3.4(2)(a)

b) The statement of case is an abuse of the court process or is otherwise likely to obstruct the just disposal of proceedings - CPR 3.4(2)(b)

c) There has been a failure to comply with a rule, practice direction or court order - CPR 3.4(2)(c)

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This would include failure to observe a time deadline for submitting one of the statements of case

The court can make restraint orders

2) Decisions of the client

The court can compel a party to do something by making an unless order

When the court specifies something do be done, within a time period and specifies a consequence of failure to do it, the parties themselves cannot agree an extension to this period - CPR 3.8(3)

The court has discretion to consider whether a party in breach should be given relief from the sanction

In deciding whether to grant relief, the court will consider the factors in CPR 3.9

Can and should agree to the other party's requests for time extensions as long as it does not affect the trial date

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