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:
SUMMARY JUDGMENT
Procedure for Obtaining Summary Judgment | ||
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CPR 24.2 | The court may give summary judgment against a claimant or defendant on the whole of a claim or on a particular issue if –
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PD 24 1.3 | An application for summary judgment under rule 24.2 may be based on:
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CPR 3.3(1)&(4) | The courtcandirect ofitsown initiative that a claim or issue be summarily dismissed. | |
CPR 23.6 | The procedure is that specified under CPR 23. | |
Form N244 | Applicantsmust state that the application is made under CPR 24. | |
CPR 23.7(3) | The application notice must be served with a copy of any written evidence in support and a copy of the draft order. Applicants must identify the point of law or document to be relied on and state the grounds formakingtheapplication. |
Legal Test
CPR 24.2 | The court may give summary judgment against a claimant or defendant on the whole of a claim or on a particular issue if –
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International Finance Corp v Utexafrica Sprl | Real means D has to have a case which is better than merely arguable |
Swain v Hillman | To decide whether a prospect is real does not involve the court conducting a mini-trial. |
ED & F Man Liquid Products v Patel | Burden of proof is on C to show D’s case has no real prospect of success and there is no other compelling reason why disposal of the claim should await trial. |
D’s case must carry some degree of conviction. The court is not required to accept without analysis everything said by a party in his statement before the court | |
Callard v Financial Conduct Authority | In... |
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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