Civil Litigation Procedures: Overview and Syllabus
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Questions and Answers

What is the primary aim of the overriding objective?

  • To promote the use of settlement agreements exclusively
  • To enable the court to deal with cases justly and at proportionate cost (correct)
  • To enable the court to manage cases inefficiently
  • To allow unlimited continuances in cases

    • Which of the following is NOT a duty of the court in managing cases?

  • Encouraging the use of alternative dispute resolution
  • Encouraging cooperation between parties
  • Helping parties settle disputes
  • Promoting protracted litigation (correct)

    • According to Rule 1.3, what is expected from the parties regarding the overriding objective?

  • To assist the court in achieving the overriding objective (correct)
  • To prioritize their own interests above the court's
  • To ignore the court's instructions
  • To demand extensions indefinitely

    • What can the court do according to paragraph 1.4.9?

    <p>Approve proposals for case management without a hearing</p> Signup and view all the answers

    What is a necessary step the court takes to ensure an efficient case management process?

    <p>Promptly deciding which issues can be dealt with summarily</p> Signup and view all the answers

    What is the primary purpose of reading the commentary in the White Book before a session?

    <p>To gain context on how the rules operate.</p> Signup and view all the answers

    Which of the following items should NOT be brought to the session?

    <p>Any previous assignment papers.</p> Signup and view all the answers

    What aspect does 'the overriding objective' cover in the context of civil litigation?

    <p>Ensuring cases are managed efficiently.</p> Signup and view all the answers

    What general principles does Alternative Dispute Resolution (ADR) encompass?

    <p>Flexibility in resolving disputes outside of court.</p> Signup and view all the answers

    Which of the following is NOT a requirement for the Centrally Set Assessments in Civil Litigation?

    <p>Familiarity with international laws.</p> Signup and view all the answers

    In civil litigation, when should parties consider using Alternative Dispute Resolution (ADR)?

    <p>During the earliest stages of dispute resolution.</p> Signup and view all the answers

    What is one reason for including references to the syllabus for revision purposes?

    <p>To ensure students know only the examinable material.</p> Signup and view all the answers

    What do the flowcharts regarding court structure help students to understand?

    <p>The overall hierarchy and processes in the court system.</p> Signup and view all the answers

    Study Notes

    Preparatory Reading

    • To prepare for this unit, read the material in the White Book as outlined in the syllabus.
    • Read the commentary in the White Book, focusing on specific sections (1.1.1, 1.1.2, 1.1.7; 1.3.1-1.3.4; 1.4.1, 1.4.2, 1.4.2.1).
    • Bring the White Book volumes I and II.
    • Read the Quick Guides at the beginning of each volume of the White Book.
    • Read the documents on burden and standard of proof, funding options, and court structure.
    • Review flowcharts related to court structure, allocation of cases, and civil litigation procedure.

    Syllabus Coverage

    • The syllabus areas cover general matters (overriding objective, duty of the court to manage cases, principles of ADR, and timing ADR).
    • These reference points are for revision purposes.
    • The syllabus provides specific references within the White Book.

    Examinable Material

    • Overriding Objective: examinable points include the overriding objective itself, the court's application of it, and the party's duty to help in achieving the objective in civil litigation. This is covered in CPR 1.1-1.3.
    • Court Case Management: examinable points include the court's case management tasks, encouraging cooperation between parties, assisting settlement, and promoting ADR methods. This is covered in CPR 1.4, along with commentary on the overriding objective found in Civil Procedure (the White Book).
    • CPR: Read and understand specific CPR provisions, especially those relating to case management and dispute resolution, and associated sections of the White Book's commentary. (e.g., CPR 1.4.4, 1.4.9, and 1.4.11).

    Litigation Stages:

    • Pre-action Protocols: Protocol procedures, claim issue and service, defence filing.
    • Claim Allocation: Court allocates cases to different tracks (Small Claims, Fast Track, Intermediate, or Multi-track) based on value.
    • Interim Matters: Standard directions, disclosure and exchange of documents, and witness statements.
    • Trial: Final hearing, typically fixed trial costs assigned based on complexity with summary assessments for any other costs (see CPR 27.14, 45.44, 45.50).
    • Post-Trial: Enforcement involves CPR 52.1 and a detailed costs assessment per CPR rules.
    • The information provides detailed diagrams of the UK's court structure (High Court, Court of Appeal, Supreme Court, Employment Tribunal, etc.)

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    Related Documents

    OCR Civil Litigation Past Paper PDF

    Description

    This quiz focuses on the preparatory reading and syllabus coverage for civil litigation procedures, as outlined in the White Book. It covers topics such as the overriding objective, burden of proof, and principles of Alternative Dispute Resolution (ADR). Prepare by reviewing the relevant sections and flowcharts provided in the materials.

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