PPC1 Litigation cheat sheet

A claim is commenced by issuing a claim form (CPR 7.2); the claim form must be served within four months of issue (CPR 7.5(1)), extendable by application.

Under the Pre-Action Protocol for Civil Claims, a claimant must send a letter of claim and allow 14 days (or 30 for complex cases) for a response before issuing proceedings.

The limitation period for contract claims is six years from breach (Limitation Act 1980 s.5); for tort claims it is six years from damage (s.2), or three years for personal injury (s.11).

A claim form must contain a concise statement of the nature of the claim and the remedy sought (CPR 16.2(1)); the particulars of claim must follow within 14 days after service of the claim form (CPR 7.4(1)(b)).

The court has discretion to extend time for service of the claim form under CPR 7.6; an extension will only be granted for good reason (Hashtroodi v Hancock).

A defendant must file an acknowledgment of service within 14 days of service of the claim form (CPR 10.3(1)) to preserve the right to defend; otherwise default judgment may be entered.

The Civil Procedure Rules apply to all proceedings in the County Court and High Court; the overriding objective (CPR 1.1) requires cases to be dealt with justly and at proportionate cost.

A statement of case must include a concise statement of the facts, not the evidence (CPR 16.4(1)(a)); it must be verified by a statement of truth (CPR 22.1).

A party may amend its statement of case at any time before it is served; after service, amendment requires the written consent of all other parties or the court's permission (CPR 17.1).

The court may add, remove, or substitute a party under CPR 19.2; an application must be supported by evidence and will be refused if it would cause injustice that cannot be compensated by costs.

A cause of action is the legal basis for the claim; the claimant must plead all elements of each cause of action, and a failure to plead a necessary element may lead to strike out under CPR 3.4(2)(a).

A claim may be struck out if it discloses no reasonable grounds for bringing or defending it, is an abuse of process, or shows a failure to comply with a rule (CPR 3.4(2)).

Under CPR 19.3, the court may order a person to be added as a party if it is desirable to do so to resolve all matters in dispute or save costs.

A counterclaim is treated as a claim for the purposes of the CPR (CPR 20.3); the claimant must file a defence to counterclaim within 14 days of service.

The court manages cases under CPR 1.4 and may hold a case management conference; parties must file a directions questionnaire by the date specified (CPR 26.3).

An application for an interim injunction must be made promptly and must be supported by evidence; the American Cyanamid guidelines require a serious question to be tried and the balance of convenience.

An interim payment application under CPR 25.7 requires the court to be satisfied that the defendant has admitted liability or that the claimant would obtain judgment for a substantial amount.

A freezing injunction restrains a party from dealing with assets; it must be supported by a without-notice application with full and frank disclosure (CPR 25.1(1)(f)).

The court may make an order for specific disclosure under CPR 31.12 if a party fails to comply with its disclosure obligations.

An application for summary judgment under CPR 24.2 may be made on the basis that the claim or defence has no real prospect of success and there is no other compelling reason for a trial.

Unless the court orders otherwise, an application must be made on notice (CPR 23.4) and the applicant must file an application notice and evidence (CPR 23.3).

Standard disclosure under CPR 31.6 requires a party to disclose documents on which it relies, documents that adversely affect its own case, and documents that adversely affect another party's case.

Disclosure is normally given by a disclosure statement (CPR 31.10) and the documents are listed in a disclosure list; inspection follows within 7 days of the request (CPR 31.15).

Legal professional privilege protects confidential communications between a lawyer and client for the purpose of legal advice; litigation privilege protects communications made for the dominant purpose of litigation.

A witness statement must be served by the date specified by the court; if not served, the witness may not be called to give oral evidence without the court's permission (CPR 32.10).

The court may permit a witness to give evidence by video link or other means under CPR 32.3; an application must be made in advance.

Hearsay evidence is admissible in civil proceedings (Civil Evidence Act 1995 s.1), but notice must be given under s.2 if the hearsay is to be relied on.

Expert evidence is permitted only with the court's permission (CPR 35.4); the expert's duty is to the court, not to the party instructing them (CPR 35.3).

The trial is conducted by a judge alone unless a jury is ordered; the judge decides both facts and law, and delivers a reasoned judgment.

The claimant opens the case, presents evidence, and then the defendant presents its case; closing speeches follow the evidence.

Examination-in-chief is followed by cross-examination and re-examination; leading questions are not permitted in examination-in-chief except on introductory or undisputed matters.

A party may apply to adduce evidence after the close of its case only with the leave of the court, which will consider the interests of justice.

The court may exclude evidence that is irrelevant, privileged, or obtained improperly; the judge has discretion to ensure a fair trial.

Advocacy requires clear presentation of the facts and law, and the advocate must not mislead the court; the advocate must cite relevant authorities.

At the end of the trial, the judge may reserve judgment; the judgment must contain reasons and be delivered in open court (CPR 40.1).

A judgment or order takes effect from the date it is given or made, unless the court specifies otherwise (CPR 40.7).

Permission to appeal is required for most appeals; an application must be made within 21 days of the decision (CPR 52.4).

The appeal court will allow an appeal only if the decision was wrong or unjust because of a serious procedural or other irregularity (CPR 52.21).

Enforcement of a judgment debt may be by writ of control (High Court) or warrant of control (County Court), third-party debt order, charging order, or attachment of earnings.

A stay of execution may be granted by the court on terms; an application must be made promptly and supported by evidence.

The court may set aside a default judgment under CPR 13.3 if the defendant has a real prospect of successfully defending the claim or there is some other good reason.

An appeal notice must be filed at the lower court, and the appeal court may order a transcript of the judgment at the appellant's expense.

The general rule is that the unsuccessful party pays the successful party's costs (CPR 44.2(2)), but the court has discretion to make a different order.

Costs may be assessed on the standard basis (proportionate costs reasonably incurred) or the indemnity basis (any doubt resolved in favour of the receiving party) (CPR 44.4).

A conditional fee agreement (CFA) allows a success fee; a damages-based agreement (DBA) allows a percentage of damages, subject to the Damages-Based Agreements Regulations 2013.

A party may be ordered to pay costs on an interim basis; a payment on account of costs may be ordered under CPR 44.2(8).

Solicitors must comply with the SRA Code of Conduct; conflicts of interest must be avoided, and confidentiality must be maintained.

A solicitor must not mislead the court and must draw the court's attention to relevant authorities, even if adverse to their client's case.

The court may make a wasted costs order against a legal representative under CPR 46.8 for improper, unreasonable, or negligent conduct.

The court must encourage the parties to use ADR if it considers it appropriate (CPR 1.4(2)(e)); unreasonable refusal to engage in ADR may result in costs sanctions (Halsey v Milton Keynes General NHS Trust).

Mediation is a voluntary, confidential process facilitated by a neutral third party; settlement agreements reached are enforceable as contracts.

Arbitration is governed by the Arbitration Act 1996; an arbitration clause in a contract excludes the court's jurisdiction unless the clause is invalid or unenforceable.

A Part 36 offer is a settlement offer that carries costs consequences if not accepted and the offeror obtains a judgment at least as advantageous (CPR 36.14).

Litigation strategy includes assessing the merits, costs, and risks; a pre-action protocol non-compliance may lead to costs sanctions or a stay of proceedings.

The court may order a stay of proceedings for ADR under CPR 26.4; the parties must provide information about their attempts to settle in the directions questionnaire.

A without-prejudice meeting or correspondence is inadmissible in court except for the purpose of costs or to prove a settlement (CPR 36.16).