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:
DISCLOSURE
Duty of Standard Disclosure | ||
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CPR 31.6 | A party must disclose:
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CPR 31.8 | The duty of disclosure is limited to documents which are or have been in a party’s control. This means:
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PD 31A 3.1 | Each party must make and serve upon every other party a list of documents in the relevant practice form N265. In order to make the process efficient the rule provides that the list must:
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CPR 31.7 PD 31A 2 |
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CPR 31.11 | Disclosure is a continuing obligation until the proceedings are concluded. Even after lists have been exchanged, the solicitor must tell the other party if any further relevant documents have come into his control. | |
PD 31A 4 | The disclosure statement states the extent of the search that has been made to locate documents and certifies that the party understands the duty of disclosure and that to the best of the party’s knowledge he has carried out that duty. | |
CPR 31.10 (6)&(7) | A party, if an individual, or its proper representative for a company should make the disclosure statement. If a party is legally represented, his solicitor must ensure that the person making the disclosure statement understands the duty of disclosure. | |
CPR 31.3 | Parties have the right to inspection of a disclosed document except where:
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CPR 31.12 |
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Dispensing with Disclosure | ||
CPR 31.5(1)(c) | Parties may agree to dispense with or limit formal disclosure by list for the fast track (e.g. where it is agreed that all relevant documents have been voluntarily disclosed in the protocol stage) | |
PD 31A 1.4 | But they should inform the court, which will consider, under its case management powers, whether it is appropriate. | |
CPR 31.5(1)(b) | The court may dispense with or limit standard disclosure on the fast track. | |
CPR 31.5(7)(a) | The court may dispense with or limit standard disclosure on the fast track. | |
Notice to Admit Facts | ||
CPR 32.18 | A party who wishes his opponent to admit a fact may serve a notice to admit facts at any time up to 21 days before trial. This notice may be served where it would be time consuming and expensive to prove a certain fact or where it would otherwise be necessary to call a witness to trial to prove a fact. | |
Notice to Admit or Produce Documents In a case where it is alleged that the opposing party’s documents are not authentic: | ||
CPR 32.19 | Serve a notice to prove the document by the latest date for serving witness statements or within 7 days of disclosure of the document, whichever is later. | |
Sanction | ||
CPR 31.21 | A party who fails to disclose a document or fails to allow inspection of a document may not rely on the document unless the court permits. | |
Orders for Disclosure Against a Non-Party | ||
CPR 31.17 |
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Subsequent Use of Disclosed Documents | ||
CPR 31.22 | Where a document has been disclosed to a party, he may only use that document for the purposes of the case in which it has been disclosed unless:
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PRIVILEGE
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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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