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:
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Form and Content |
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Judge aware? |
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How much should be offered? |
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Clarification P.209 | Under(r.36.8) If the offer is not clear, the offeree may request clarification from the offeror within 7 days of receiving the order and it is best to put it in writing |
Withdrawing a Part 36 Offer
Implied Withdrawal |
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Express Withdrawal |
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Court Permission |
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The Effect |
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Always do a timeline of dates (loss; C instruct sols; D instruct sols; expiry of offers; judgment)
Accepting a Part 36 Offer
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The Effect P.210 |
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Permutations and Consequences at trial of Unaccepted Part 36 Offers (r.36.14)
C Wins & beats D’s & own offer (p.384) | C Wins & beats D’s offer but not own offer (p.385) | C Wins but does not beat D’s offer (p.382) | C loses at trial (p.383) |
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D pays C interest on damages as claimed in the Particulars of Claim From: date of loss To: 21 days after C’s offer | D pays C interest on damages as claimed in the Particulars of Claim From: date of loss To: date of judgment | D pays C interest on damages as claimed in the Particulars of Claim From: date of loss To: date of judgment | NO damages awarded to C as failed to establish liability |
D pays C’s costs on a standard basis From: date C instructed sol To: 21 days after C’s offer | D pays C’s costs on a standard basis From: date C instructed sol To: date of judgment | D pays C’s costs on a standard basis From: date C instructed sol To: 21 days after D’s offer | C pays D’s costs on a standard basis From: date D instructed sol To: date of judgment |
Consequences under r.36.14(3) Penalties commence after C’s offer expired | None –treated as if Part 36 never offered | Consequences under r.36.14(2) for C to pay Some of D’s costs | Consequences under r.36.14(2) for C to pay Some of D’s costs |
D pays C interest on damages at base rate plus up to maximum 10% (J’s discretion) above base rate – CPR 36.14(3)(a) From: 22 days after C offer To: date of judgment | N/A | C pays D’s costs on a standard basis From: 22 days after D offer To: date of judgment | C pays interest on D’s costs at base rate plus up to 1% above the base rate - Bim Kemi v Blackburn Chemical From: 22 days after D offer To: date of judgment |
D pays C’s costs on Indemnity Basis for work during period CPR 36.14(3)(b) FROM Day 22 TO Judgment Date | N/A | C pays interest on D’s costs at base rate plus up to 1% above the base rate -... |
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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