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LPC Law Notes Civil Litigation Notes

Trial & Post Trial Notes

Updated Trial & Post Trial 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:

Civil Litigation

Thirteen: Preparing for the trial

  1. Pre-trial checklist: sent by court to each party CPR 29.8

  2. Allocation to trial date and court sends ‘Notice of Hearing’ to parties – CPR 29.8

  3. Client and Counsel issues – instructing a barrister.

  4. Skeleton argument

  5. Trial bundle

  6. Consider any professional conduct issues - chapter 5 SRA code

  7. Go to trial

Fourteen: Appeals & Domestic enforcement of a money judgment [POST-trial]

1. Appeals

  1. CPR 52

  2. 2 grounds of appeal

  1. The decision of the lower court was wrong

  2. Decision of lower court was unjust because of a serious procedural or other irregularity [e.g. evidence improperly omitted].

  • To whom / from whom do you appeal:

County Court DJ County Court Circuit judge
County Court CJ High Court judge
County Court CJ – Multi track Court of appeal civil division
High court Master / district judge High court judge
High court judge Court of Appeal
Court of Appeal Supreme court
  • Procedure of appeal:

  1. Seek permission at court; or

  2. In writing – by way of notice – to the court you want to appeal to. If they refuse party can request an oral hearing to address the hearing.

2. Enforcement

judgment creditor” – the successful party pursuing the judgment

judgment debtor” – losing party against whom judgment is made.

Decision to pursue an enforcement order is up to judgment creditor and they should bear in mind the financial position of the judgment debtor – i.e. does he even have the money? Enforcement is therefore not automatic.

Time limitations

J.Creditor can enforce judgment up to 6 calendar years from date of judgment. After this he must seek permission from court to do so.

Advice to J. Creditor

Must consider the following before obtaining judgment

a) where is debtor

b) does he have assets

c) is creditor entitled to recover those assets

CPR 71:

JC has the right to examine the JD in court in an ORAL examination. It will be decided what is the best way of getting the money – assessment of JD’s assets.

EXAM: always say: JC needs a CPR Part 71 Information Order – to question JD for details.

List of methods available for JC to enforce JD payment:

EXAM: highlight all the important details in the facts – link them to the relevant orders.


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