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Questions and Answers
What is the main objective of the reforms in CPR 1998?
What is the main objective of the reforms in CPR 1998?
Which of the following is NOT a consideration in dealing with cases justly?
Which of the following is NOT a consideration in dealing with cases justly?
What does the court have the authority to do without an application by any party?
What does the court have the authority to do without an application by any party?
In the case of Maltez v Lewis, what fundamental right was upheld by the court?
In the case of Maltez v Lewis, what fundamental right was upheld by the court?
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Which of the following is a goal in ensuring cases are dealt with fairly?
Which of the following is a goal in ensuring cases are dealt with fairly?
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What should the court consider when allocating resources to cases?
What should the court consider when allocating resources to cases?
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Which principle is NOT included in the overriding objectives of CPR 1998?
Which principle is NOT included in the overriding objectives of CPR 1998?
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What aspect does the CPR emphasize when dealing with complex cases?
What aspect does the CPR emphasize when dealing with complex cases?
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What was the primary goal of the Woolf Reforms implemented in 1999?
What was the primary goal of the Woolf Reforms implemented in 1999?
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What significant changes did the Jackson review introduce in 2013?
What significant changes did the Jackson review introduce in 2013?
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What is the overriding objective of the Civil Procedure Rules?
What is the overriding objective of the Civil Procedure Rules?
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What was one intended benefit of the reforms outlined in Lord Woolf's report?
What was one intended benefit of the reforms outlined in Lord Woolf's report?
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What did the Civil Procedure Rules 1998 aim to address in the litigation system?
What did the Civil Procedure Rules 1998 aim to address in the litigation system?
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Which of the following is NOT a learning outcome of the chapter on civil litigation?
Which of the following is NOT a learning outcome of the chapter on civil litigation?
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Who was primarily responsible for the initial reforms in civil litigation?
Who was primarily responsible for the initial reforms in civil litigation?
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What was the primary change introduced by the Woolf reforms regarding litigation parties?
What was the primary change introduced by the Woolf reforms regarding litigation parties?
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What is the primary purpose of the CPR 1998?
What is the primary purpose of the CPR 1998?
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What do Practice Directions do in relation to the Rules?
What do Practice Directions do in relation to the Rules?
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During the pre-commencement stage of litigation, what is important to identify?
During the pre-commencement stage of litigation, what is important to identify?
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Why is it essential to check the wording of any relevant Rule or Practice Direction?
Why is it essential to check the wording of any relevant Rule or Practice Direction?
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What might a client seek to achieve in a civil claim?
What might a client seek to achieve in a civil claim?
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What does HM Courts and Tribunals Service provide access to?
What does HM Courts and Tribunals Service provide access to?
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In commercial cases, why is it crucial to consider maintaining a business relationship with the other side?
In commercial cases, why is it crucial to consider maintaining a business relationship with the other side?
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What is one of the first steps to take when representing a new client?
What is one of the first steps to take when representing a new client?
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What is the purpose of the 'disability adaptations appointment' introduced by the speaker?
What is the purpose of the 'disability adaptations appointment' introduced by the speaker?
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Which of the following is NOT exempt from the CPR 1998 according to the content?
Which of the following is NOT exempt from the CPR 1998 according to the content?
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How should the provisions related to vulnerability be interpreted as per the content?
How should the provisions related to vulnerability be interpreted as per the content?
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Where can information about vulnerable parties or witnesses be included?
Where can information about vulnerable parties or witnesses be included?
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What is the key principle of Article 6 of the Convention as referenced in the content?
What is the key principle of Article 6 of the Convention as referenced in the content?
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What is the primary role of the Practice Direction as indicated in the content?
What is the primary role of the Practice Direction as indicated in the content?
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Under which conditions may considerations of disability adaptations become particularly relevant?
Under which conditions may considerations of disability adaptations become particularly relevant?
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What must a prospective claimant provide in the letter before claim under an approved protocol?
What must a prospective claimant provide in the letter before claim under an approved protocol?
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In the letter of response, what must the prospective defendant do if liability is denied?
In the letter of response, what must the prospective defendant do if liability is denied?
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What should a prospective claimant address regarding ADR in their initial letter?
What should a prospective claimant address regarding ADR in their initial letter?
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What information is critical for the client to understand before commencing a court case?
What information is critical for the client to understand before commencing a court case?
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What must the prospective claimant be aware of regarding documentation before litigation?
What must the prospective claimant be aware of regarding documentation before litigation?
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What should the client be informed about concerning attendance at court?
What should the client be informed about concerning attendance at court?
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What happens if the primary liability is admitted but contributory negligence is alleged?
What happens if the primary liability is admitted but contributory negligence is alleged?
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Which document provides guidance on the matters dealt with in the letter of response?
Which document provides guidance on the matters dealt with in the letter of response?
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What is the first element that needs to be established in making a claim for breach of contract?
What is the first element that needs to be established in making a claim for breach of contract?
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Which of the following is NOT a type of evidence to establish a breach of contract?
Which of the following is NOT a type of evidence to establish a breach of contract?
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Implied terms in a contract refer to which of the following?
Implied terms in a contract refer to which of the following?
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What does the term 'satisfactory quality' imply in the context of the air conditioning system?
What does the term 'satisfactory quality' imply in the context of the air conditioning system?
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Which factor directly relates to the 'damage and loss' element of a breach of contract?
Which factor directly relates to the 'damage and loss' element of a breach of contract?
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Who was responsible for supplying and installing the air conditioning system?
Who was responsible for supplying and installing the air conditioning system?
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What should be established to support the breach of satisfactory quality?
What should be established to support the breach of satisfactory quality?
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Which of the following is an example of a factual consequence of a breach of contract?
Which of the following is an example of a factual consequence of a breach of contract?
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Study Notes
Introduction to Civil Litigation
- The Civil Procedure Rules 1998 (CPR 1998) came into force on April 26, 1999, reforming civil litigation in England and Wales.
- These rules implemented the Woolf Reforms, aiming for a more efficient, affordable, and accessible system.
- Lord Woolf's report, "Access to Justice," highlighted the shortcomings of the previous litigation system.
- Subsequent reforms in April 2013, led by Lord Justice Jackson, focused on controlling litigation costs and providing different funding methods.
The Overriding Objective
- The CPR 1998's overriding objective is to ensure civil justice is just, delivers fair results, and is easy to understand.
- It emphasizes proportionate costs, timely resolution, ensuring an equal footing for all parties, and efficient use of court resources.
- Parties have a duty to help the court achieve this overriding objective, and the court has a duty too.
Parties' Duty to Further the Overriding Objective
- Solicitors and their clients have a positive duty to assist the court in achieving the overriding objective.
- This includes assisting the court in understanding each other's cases, focusing on the issues requiring the courts' decisions, and avoiding unnecessary procedural delays.
- It is not a duty to point out mistakes made by the other part but to help fairly reach conclusions.
Judicial Case Management
- Under the CPR 1998, the court actively manages cases, which was not a common practice before.
- The objective is to encourage cooperation, define the issues early, resolve straightforward issues summarily, order the resolution process, and promote ADR.
- The court is also responsible for considering costs, adjusting timetables, and encouraging court efficiency through technology.
Participation of Vulnerable Parties or Witnesses
- Practice Direction 1A provides a framework for assisting vulnerable parties or witnesses.
- Vulnerability may be personal or situational, impacting participation or the quality of evidence.
- The court actively identifies vulnerabilities, considering ‘ground rules’ before vulnerable witnesses give evidence and appropriate support arrangements.
Strategic Lawsuits Against Public Participation (SLAPPs)
- SLAPPs are a strategy to intimidate and exhaust opponents through litigation.
- They are often used against individuals or organizations advocating for public interest issues.
- Key characteristics include targeting public interest publications or criticisms, broad allegations, and a focus on financial and psychological exhaustion.
- The Solicitors Regulation Authority (SRA) highlights potential SLAPP red flags.
Useful Websites
- Relevant websites for information on Civil Procedure Rules.
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Description
Test your knowledge on the Civil Procedure Rules (CPR) established in 1998. This quiz covers key objectives, principles, and reforms associated with the CPR, including the Woolf Reforms and Jackson review. Explore essential concepts that influence modern litigation processes.