CVLE Barrister Vocational Examination cheat sheet

Pre-action conduct: the Practice Direction on Pre-Action Conduct and Protocols requires parties to exchange information, consider ADR, and retain documents; unreasonable refusal to engage can attract costs sanctions under CPR 44.

Limitation periods: contract 6 years (12 for deeds); tort 6 years from damage, but 3 years for personal injury with a court discretion to extend under Limitation Act 1980 s.33.

Issue of claim: claim form plus particulars of claim; if particulars are not served with the claim form they must be served within 14 days after service of the claim form, and in any event before the claim form's validity expires.

A claim form is valid for service for 4 months after the date of issue (6 months where service is to be effected outside England and Wales).

Default judgment under CPR 12 is available only where the claim is for a specified sum, or is unliquidated and not one of the excluded classes (e.g. mortgage possession, admiralty).

Summary judgment (CPR 24) is granted where the claimant has no real prospect of succeeding or the defendant has no real prospect of defending, and there is no other compelling reason for trial.

Disclosure: standard disclosure under CPR 31 requires documents on which a party relies, documents that adversely affect its own or another party's case, and documents that support another party's case.

Witness statements stand as evidence in chief; a party calling a witness may not put leading questions on material matters in examination in chief, but may cross-examine its own witness with leave if the witness is hostile.

Burden and standard: he who asserts must prove; the civil standard is the balance of probabilities, applied with the flexibility described in Re B (Children) for serious allegations.

Classification: summary-only offences are tried in the magistrates' court; indictable-only offences are sent to the Crown Court under s.51 Crime and Disorder Act 1998; either-way offences follow the allocation procedure.

Allocation: the magistrates decide whether the case is suitable for summary trial, considering the sentencing powers (6 months' custody per offence, 12 months aggregate) and any representations; the defendant then elects.

Custody time limits: 56 days from first appearance to summary trial; 70 days from sending to the Crown Court; 182 days from sending to the start of trial on indictment, extendable on application.

Bad character: evidence of misconduct is admissible under s.101 Criminal Justice Act 2003 on gateway grounds, including agreement of all parties, important explanatory evidence, and propensity where it is relevant to an important matter in issue.

Hearsay: admissible only through a statutory or common law exception; s.114 CJA 2003 includes the witness being unavailable and the interests of justice, and s.78 PACE 1984 permits exclusion on fairness grounds.

Confessions: s.76 PACE 1984 renders a confession inadmissible if obtained by oppression or in consequence of anything likely to render it unreliable; the burden of proving admissibility is on the prosecution.

Exclusion of evidence: s.78 PACE 1984 allows the court to exclude prosecution evidence if its admission would have such an adverse effect on the fairness of proceedings that it ought not to be admitted.

Identification: Turnbull guidelines require the jury to be warned of the special need for caution, the reasons for it, and the weaknesses in the identification evidence.

Sentencing: the seriousness of an offence is assessed by culpability and harm under the Sentencing Council guidelines; credit for a guilty plea is normally one third at the first opportunity, reducing with later plea.

The core duties in the BSB Handbook include acting with honesty and integrity, maintaining independence, and not misleading the court or permitting the court to be misled.

The cab-rank rule: a barrister must accept any instructions in a practice area they hold themselves out as practising, subject to exceptions such as conflict of interest, insufficient instructions, or professional embarrassment.

Confidentiality survives the end of the retainer; it may be overridden only with the client's consent or where disclosure is required or permitted by law.

Conflicts of interest: a barrister must not accept instructions where there is a conflict between the interests of two or more clients or between the client and the barrister's own interests.

Client money: a barrister must not hold client money except where permitted by the Handbook; fees are usually paid via the instructing solicitor rather than directly held.

Duty to the court overrides the duty to the client; a barrister must not draft a witness statement or plead a case known to be false or misleading.

Reporting obligations: serious misconduct by another barrister may need to be reported to the BSB, subject to the exceptions in the Handbook.

Advertising and referral: referral fees are prohibited; a barrister may not pay or receive a fee for the referral of instructions.

Undertakings: a barrister should not give an undertaking unless it is within their control to fulfil and they intend to honour it.

Examination in chief: open questions first, then closed; leading questions are permissible on non-contentious or introductory matters only.

Cross-examination: use short, closed, leading questions; put the client's case to the witness; do not ask a question to which the answer is unknown unless the risk is acceptable.

Re-examination is limited to matters arising in cross-examination; new matters may be raised only with the court's leave.

Opening a trial: state the issues, the facts you will prove and the evidence that will prove them; avoid argument in a jury opening.

Submissions on law: identify the issue, cite the authority, apply it to the facts, and state the order sought.

Closing speech: summarise the evidence, address the burden and standard of proof, and deal with the opponent's best points.

Voir dire: a trial within a trial on the admissibility of evidence, conducted in the absence of the jury; the party seeking admission usually bears the burden.

Special measures: applications for screens, live links, or intermediaries are made under ss.23-30 Youth Justice and Criminal Evidence Act 1999.

Courtroom etiquette: address the judge as 'Your Honour' in the Crown Court and 'Your Worship' or 'Sir/Madam' in the magistrates' court.

Pleadings must state the material facts, not the evidence; each allegation should be capable of proof and should disclose a cause of action or defence.

Particulars of claim: a concise statement of the facts, the relief sought, and any interest claimed; attach or serve documents where the CPR requires.

Defence: must state which allegations are admitted, which are denied, and which are neither admitted nor denied, with reasons for any denial.

A statement of case may be amended at any time before it is served, and afterwards with the consent of all parties or the court's permission.

Drafting witness statements: use the witness's own words, chronological order, first person, and include the source of any information or belief.

Legal writing structure: IRAC (Issue, Rule, Application, Conclusion) or a similar framework keeps analysis focused and avoids unsupported assertion.

Letters before claim should state the basis of the claim, the remedy sought, a reasonable deadline, and the consequences of non-compliance.

Skeleton arguments: identify the issues, the facts, the law with authorities, and the order sought; file and serve in accordance with the court's directions.

Clarity: prefer the active voice, short sentences, and defined terms used consistently; avoid Latin where a plain English equivalent exists.

Preparation: read the papers, identify the issues, the client's objectives, and the questions the client is likely to ask before the conference.

Structure: introduction, purpose, information gathering, advice, and a summary of agreed next steps.

Questioning: use open questions to gather information and closed questions to confirm details; avoid multiple questions in one turn.

Advising: explain the law in plain language, give a realistic assessment of strengths and weaknesses, and set out the options with their consequences.

Confidentiality: confirm at the outset that the discussion is privileged and explain the limits of that privilege.

Client's instructions: the client decides the objectives and whether to settle; the barrister advises on the means and the risks.

Capacity and vulnerability: consider whether the client can give instructions and whether an intermediary or supporter is needed.

Recording: take a note of the conference, the advice given, and the client's decisions; the note may become evidence of what was said.

Ethical issues: if the client reveals an intention to commit perjury or to mislead the court, the barrister must decline to act further on that basis.

Structure: a written opinion should set out the facts, the issues, the law, the application to the facts, and a conclusion with a recommended course of action.

Facts: state the facts as assumed, and identify any gaps or inconsistencies that need to be resolved before advice can be finalised.

Case analysis: identify the cause of action, the elements that must be proved, and the evidence available to prove each element.

Law: cite the relevant statute and case law accurately, and explain how the authority applies to the facts rather than merely listing it.

Remedies: consider damages, specific performance, injunctions, and costs, and assess the prospects of success realistically.

Risk assessment: state the strengths, weaknesses, and the likely range of outcomes, including the possibility of settlement.

Limitation and jurisdiction: check that the claim is in time and that the court has jurisdiction before advising on the merits.

Drafting style: use headings, numbered paragraphs, and plain English; an opinion should be readable by a client as well as a lawyer.

Conclusion: give a clear recommendation and identify any further information or evidence needed.