PPC1 Litigation flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Claim form

The document by which a claim is commenced under CPR 7.2. It must be served within four months of issue and contain a concise statement of the nature of the claim.

Particulars of claim

A statement of case that sets out the facts on which the claimant relies. It must be served within 14 days after service of the claim form if not included in it.

Acknowledgment of service

A form filed by a defendant within 14 days of service of the claim form to indicate an intention to defend the claim and to prevent default judgment.

Limitation period

The time limit within which a claim must be brought. For contract claims it is six years from breach; for tort claims six years from damage, or three years for personal injury.

Statement of truth

A declaration that the facts stated in a document are true, required on statements of case and witness statements under CPR 22.1. A false statement may lead to contempt proceedings.

Amendment of statements of case

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

Strike out

The court's power under CPR 3.4(2) to strike out a statement of case if it discloses no reasonable grounds, is an abuse of process, or shows a failure to comply with a rule.

Cause of action

The legal basis for a claim, comprising the facts and the legal right asserted. The claimant must plead all elements of each cause of action to avoid strike out.

Directions questionnaire

A form filed by the parties under CPR 26.3 to provide information for case management, including proposed directions and attempts to settle the dispute.

Interim injunction

A temporary order restraining a party from doing something or requiring action, granted under CPR 25.1(1)(f) using the American Cyanamid guidelines: serious question to be tried and balance of convenience.

Summary judgment

A judgment without trial under CPR 24.2 where the claim or defence has no real prospect of success and there is no other compelling reason for a trial.

Freezing injunction

An order restraining a party from dealing with its assets, usually sought without notice. The applicant must make full and frank disclosure of all material facts.

Standard disclosure

The obligation under CPR 31.6 to disclose documents on which a party relies, documents that adversely affect its own case, and documents that adversely affect another party's case.

Legal professional privilege

The right to withhold from disclosure confidential communications between a lawyer and client made for the purpose of obtaining legal advice.

Witness statement

A written statement of the evidence a witness will give at trial, served by the date ordered. If not served, the witness may not be called without the court's permission.

Expert evidence

Evidence given by a qualified expert under CPR 35. It requires the court's permission, and the expert's duty is to the court, not to the party instructing them.

Examination-in-chief

The questioning of a witness by the party calling them, aimed at eliciting evidence in support of that party's case. Leading questions are generally not permitted.

Cross-examination

The questioning of a witness by the opposing party, aimed at testing the truth of their evidence and undermining the other side's case.

Reserved judgment

A judgment delivered at a later date after the trial has concluded, allowing the judge time to consider the evidence and law and to provide reasoned conclusions.

Opening speech

The claimant's address to the court at the start of the trial, outlining the facts and issues and summarising the evidence to be presented.

Permission to appeal

The requirement under CPR 52.3 to obtain the court's permission to appeal, usually applied for within 21 days of the decision appealed against.

Default judgment

A judgment entered against a defendant who fails to file an acknowledgment of service or a defence within the time allowed, under CPR 12.3.

Writ of control

An enforcement method in the High Court by which an enforcement officer is authorised to take control of a judgment debtor's goods and sell them to satisfy the debt.

Stay of execution

An order suspending the enforcement of a judgment or order, granted by the court on terms and usually supported by evidence of the applicant's inability to pay.

Standard basis costs

The default basis for costs assessment under CPR 44.4, where costs are allowed only if they are proportionate and reasonably incurred and reasonable in amount.

Indemnity basis costs

A more generous basis for costs assessment where any doubt about reasonableness is resolved in favour of the receiving party, often ordered as a sanction for misconduct.

Conditional fee agreement

A funding arrangement where a solicitor's fees are payable only on success, often with a success fee, subject to the Solicitors Act 1974 and the SRA rules.

Wasted costs order

An order under CPR 46.8 requiring a legal representative to pay costs wasted as a result of improper, unreasonable, or negligent conduct.

Part 36 offer

A settlement offer made under CPR 36 that carries automatic costs consequences if not accepted and the offeror obtains a judgment at least as advantageous as the offer.

Mediation

A voluntary, confidential ADR process in which a neutral third party helps the parties reach a negotiated settlement, which is enforceable as a contract.

Halsey principle

The guideline from Halsey v Milton Keynes General NHS Trust that unreasonable refusal to engage in ADR may lead to costs sanctions, but the burden is on the unsuccessful party to show unreasonableness.

Arbitration Act 1996

The statute governing arbitration in England and Wales, providing that an arbitration clause excludes court jurisdiction unless the clause is invalid or unenforceable.