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LPC Law Notes Civil Litigation Notes

Case Management Sanctions Notes

Updated Case Management Sanctions Notes

Civil Litigation Notes

Civil Litigation

Approximately 418 pages

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:

General Powers

CPR r.1.4(1): The court must further the overriding objective by “actively” managing cases.

(2): Active case management includes –

  1. encouraging the parties to co-operate with each other;

  2. identifying the issues at an early stage;

  3. deciding promptly which issues need full investigation and trial;

  4. deciding the order in which issues are to be resolved;

  5. encouraging the parties to use ADR if the court considers it appropriate;

  6. helping the parties to settle the whole or part of the case;

  7. fixing timetables or otherwise controlling the progress of the case;

  8. consider whether the likely benefits of taking a particular step justify the cost;

  9. dealing with as many aspects of the case as it can on the same occasion;

  10. dealing with the case without the parties needing to attend at court;

  11. making use of technology; and

  12. ensure that the trial of a case proceeds quickly and efficiently.

CPR r.3.1(2): The non-exclusive powers of the court include:

  1. extend or shorten the time for compliance with any rule, PD or court order;

  2. adjourn or bring forward a hearing;

  3. require a party or a party’s legal representative to attend the court;

  4. hold a hearing and receive evidence by telephone or by using any other method;

  5. separate or consolidate certain parts of the proceedings (such as a counterclaim);

  6. staythe whole or part of any proceedings or judgment until a specified date or event;

  7. try two or more claims on the same occasion;

  8. direct a separate trial of any issue;

  9. decide the order in which issues are to be tried;

  10. exclude an issue from consideration;

  11. dismiss or give judgment on a claim after a decision on a preliminary issue;

  12. order any party to file and serve an estimate of costs; and

  13. take any other step for managing the case and furthering the overriding objective.

Sanctions

Strike out a Statement of Case

CPR r.3.4 permits a court to strike out a statement of case where it:

  • discloses no reasonable grounds for bringing or defending a claim

  • is an abuse of the court’s process or is likely to obstruct just proceedings

  • fails to comply with a rule, PD or court order

  • But ask whether less drastic measures are appropriate (r.3.9; ECHR 6(1))

Unless Order
  • Where a party has not complied with a step in the proceedings

  • Court will issue an unless order, in which you have to comply with it

  • Failure to do so will result in your claim/defence being struck out (PD 3A)

Limiting the Issues
  • Court may limit the issues that are allowed to proceed to trial

Fluctuating the Interest Payable
  • Court may raise or lower the interest payable on any damages

Costs
  • Require costs to be paid on an indemnity basis and payable immediately

Wasted Costs Order
  • If the failure was the legal representative’s fault (not the party’s)

  • The legal representative must then pay the costs occasioned by his conduct

Relief from Sanctions

  • These time limits are not able to be varied by agreement of the parties (r.3.8(3))

  • An application for relief must be supported by evidence (such as a witness statement) (r.3.9(2))

  • For an application...

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